When can an employer destroy an I-9 form?

An employer may destroy an I-9 form once the retention period has passed. For current employees, the form must be kept for at least 3 years from hire. For terminated employees, it must be kept until the later of: 3 years from hire or 1 year from the termination date.

Do I need to keep I-9 forms for employees who never started?

If an employee was hired (offered and accepted a position) but never actually began work for pay, you do not need to keep the I-9. However, if they completed an I-9 and then did not start, you should retain it for 3 years from the date it was completed, or destroy it following secure destruction procedures.

What is a safe way to destroy I-9 forms?

USCIS recommends shredding paper I-9 forms when they are no longer required. For electronic I-9s, use a secure deletion method that makes the data unrecoverable. Maintain a record of when and how the destruction occurred, in case you are ever audited for the destruction itself.

Free Tool

When Can You Destroy an I-9 Form?

Enter a hire date and termination date to calculate the exact federal retention deadline — updated instantly.

Researched by the I9AuditReady Research Team

Last Updated: April 2026

Federal law requires employers to retain I-9 forms for 3 years from the date of hire or 1 year after employment ends, whichever is later. (8 CFR § 274a.2)

Employee Details

Hire Date

The employee's first day of work

Still Employed?

Retention period is calculated from hire date

The federal rule uses whichever date is later: 3 years from hire or 1 year from termination.

Retention Deadline

Enter a hire date to calculate the retention deadline

Start by entering the employee's hire date on the left.

Disclaimer: This calculator is for informational purposes only and does not constitute legal advice. Retention requirements are based on 8 CFR § 274a.2 and USCIS I-9 instructions. Always consult a qualified immigration attorney for advice specific to your situation. I9AuditReady is not a law firm.

I-9 Retention Requirements — Key Facts

Retention from hire date

3 years

8 CFR § 274a.2

Retention after termination

1 year

8 CFR § 274a.2

Rule applied

Whichever is later

USCIS I-9 Instructions

Applies to hires after

Nov 6, 1986

Immigration Reform and Control Act

Federal law requires employers to retain I-9 forms for 3 years from the date of hire or 1 year after employment ends, whichever is later, under 8 CFR § 274a.2.

For an employee hired on January 1, 2020, who was terminated on June 1, 2022: the 3-year hire rule reaches January 1, 2023, and the 1-year termination rule reaches June 1, 2023. The employer must retain the I-9 until June 1, 2023 (the later date).

For an employee hired on January 1, 2022, who is still employed: the employer must retain the I-9 until at least January 1, 2025, and must continue retaining it while the employee remains active.

Frequently Asked Questions About I-9 Retention

How long must employers keep I-9 forms?

Employers must retain I-9 forms for 3 years from the date of hire OR 1 year after employment ends, whichever is later. This is required under 8 CFR § 274a.2 and applies to all employees hired after November 6, 1986.

When can an employer legally destroy an I-9?

An employer may destroy an I-9 form once the retention period has passed. For current employees, this is a minimum of 3 years from the hire date. For terminated employees, it is the later of 3 years from hire or 1 year from the termination date.

Do I need to keep I-9s for employees who never started?

If an employee was hired but never worked for pay, you generally do not need to retain the I-9. If an I-9 was completed and the person did not begin work, you should either destroy it securely or retain it for 3 years from completion as a precaution.

What happens if I destroy an I-9 too early?

Early destruction of I-9 forms is itself a violation of federal retention rules under 8 CFR § 274a.2. ICE auditors will request I-9 forms for all current and recent employees. Missing forms — whether lost or destroyed prematurely — are treated as if they never existed, which triggers per-form fines.

I9AuditReady provides compliance tracking tools and informational resources — not legal advice. It is not a law firm and does not create an attorney-client relationship. Retention requirements are based on 8 CFR § 274a.2 and current USCIS guidance and may change. Always consult a qualified immigration attorney for advice on your specific situation.