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I9 retention policies
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I9 retention policies
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Per the instructions on the I9, "Employers must retain completed Form I9's for three years after the date of hire..." Does this mean that for tenured employees of 3+ years there doesn't need to be
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I9 retention policies

posted at 9/29/2009 12:35 PM EDT
Posts: 7
First: 4/9/2007
Last: 9/7/2010
Per the instructions on the I9, "Employers must retain completed Form I9's for three years after the date of hire..."

Does this mean that for tenured employees of 3+ years there doesn't need to be an I9 on file? What happens in the case of an ICE audit? Do they only look at employees with 3 or less years of tenure w/the company?

I9 retention policies

posted at 9/30/2009 5:56 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
NO!!! (yes, I AM YELLING)

You need to keep all I-9s for ALL current employees. The retention policy is written as:
"Employers must retain completed Forms I-9 for all employees for 3 years after the date they hire the employee OR 1 year after employment is terminated, WHICHEVER IS LATER"

Terminate after 2 years of service, must keep 1 year after termination, since 3rd anniversary would be before term anniversary.

Terminate before 2 years of service, must keep until 3rd anniversary date.

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