U.S. · Payroll and employer forms
I-9 retention date.
Three years after hire or one year after termination, whichever comes later.
Keep each Form I-9 for three years after the date of hire, or one year after employment ends, whichever is later. In practice, anyone who worked less than two years is on the three-years-from-hire clock, and anyone who worked more than two years is on the one-year-after-leaving clock.
Employment dates
Result
The rule
The USCIS Handbook for Employers says that federal regulations require you to retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later. You must keep the current employee’s Form I-9 (and any copies or electronic images of documentation) for as long as the employee works for you, even if the person leaves shortly after being hired. Only when employment ends do you calculate how much longer to keep it.
How to read it
- Worked less than two years: keep it for three years after the date in the First Day of Employment field.
- Worked more than two years: keep it for one year after the person stops working for you.
- Exactly two years: the two dates coincide at three years after hire.
The tool compares the two dates for you. If the date that results would fall on a February 29 that does not exist in the target year, it uses March 1, the later day, so that you do not discard a form early.
What to keep and how
You only need to retain the pages on which you and the employee wrote information. You do not need to keep the Lists of Acceptable Documents on page 2, the instructions or blank supplement pages. You can store Forms I-9 on paper, on microfilm or microfiche, or electronically. Never mail Form I-9 to USCIS or ICE. If you keep paper forms on-site or off-site, you must be able to present them within three business days of an inspection request from DHS, the Department of Justice’s Immigrant and Employee Rights Section, or Department of Labor officers.
Worked example
Sofia started on March 4, 2024 and left on June 30, 2025. Three years after hire is March 4, 2027. One year after the end is June 30, 2026. The later date is March 4, 2027, so her form is kept until then. Raj started on January 15, 2020 and left on September 1, 2025. Three years after hire (January 15, 2023) is long past, and one year after leaving is September 1, 2026, so that is his date.
When this is not the whole answer
The retention period is separate from other record rules your state or an audit may impose, and a Form I-9 that is relevant to a pending inspection or legal matter should not be discarded on the date the calculator shows. Rehires and reverifications are handled in Supplement B of the form; see USCIS guidance. For the documents themselves, see the I-9 acceptable documents list.
Sources
- USCIS Handbook for Employers M-274, 10.0 Retaining Form I-9: The three-years-or-one-year rule, how to calculate it, what pages to keep and storage methods. Read November 2, 2026.
- USCIS I-9 Central: Retention and Storage: Retention overview and the note never to mail Forms I-9 to USCIS or ICE. Read November 2, 2026.
USCIS handbook section last reviewed July 18, 2023; retention page last reviewed September 18, 2026.
Frequently asked questions
How long do I have to keep a Form I-9?
Three years after the date of hire, or one year after employment ends, whichever is later.
How do I calculate I-9 retention for an employee who worked over two years?
Retain it for one year after they stop working for you, because that is later than three years after hire.
Which date do I use as the date of hire?
The USCIS handbook says to use the date you entered in the First Day of Employment field.
Do I have to keep the whole Form I-9 package?
No. You only need the pages on which you and your employee wrote information. The Lists of Acceptable Documents, the instructions and blank supplement pages need not be kept.
Can I store Forms I-9 electronically?
Yes. The handbook allows paper, microfilm or microfiche, or electronic storage, provided you can present the forms within three business days of an inspection request.
Not tax or legal advice
This page summarizes IRS and USCIS instructions and is not tax, legal or financial advice. A payroll provider, CPA, enrolled agent or attorney can confirm what applies to your situation. Everything runs in your browser; nothing you enter is sent anywhere.