I-9 Retention Calculator
Find out how long to keep an employee’s Form I-9. Enter the first day of work and, if they have left, the last day of employment.
The date the employee started work for pay.
The date employment ended, whether they quit, were let go or the job ended.
The I-9 retention rule
Employers must keep each Form I-9 for three years after the date of hire, or one year after employment ends, whichever is later. Employees who stay a long time are governed by the one-year-after-leaving date. Employees who leave within about two years are governed by the three-year date.
| Example | 3 years after hire | 1 year after last day | Keep until |
|---|---|---|---|
| Hired Mar 4, 2024, left Jan 10, 2025 | Mar 4, 2027 | Jan 10, 2026 | Mar 4, 2027 |
| Hired Mar 4, 2020, left Jan 10, 2026 | Mar 4, 2023 | Jan 10, 2027 | Jan 10, 2027 |
Things the calculator does not decide
- Current employees. Keep the form for as long as the person works for you, then apply the rule above.
- An open audit or dispute. If you have received a Notice of Inspection or are in a legal dispute, do not discard anything without speaking to immigration counsel.
- Other records. Payroll, tax and personnel records have their own retention periods.
- Storage. Keep I-9s separate from personnel files so they can be produced quickly. See our I-9 audit checklist.
We complete Section 2 as your authorized representative, keep audit-ready records, and review up to 25 existing files for errors. From $45 per employee.
Frequently asked questions
How long do you have to keep an I-9 after an employee quits?
At least one year after their last day, and no less than three years after the date of hire. Use whichever date is later.
Can I destroy I-9s early?
No. Wait until the retention date, and confirm there is no audit or dispute that requires you to hold them longer.
Should I keep copies of the documents?
Copying documents is optional, but if you copy for one employee, copy for every employee in the same way. Copies kept with the form follow the same retention period.
Related reading
- I-9 audit checklist for employers
- I-9 audits in 2026 and ICE notices of inspection
- The I-9 three-day rule
- I-9 reverification and Supplement B
- What is I-9 employment eligibility verification?
This calculator is general information, not legal advice, and NotarEaseNYC is not a law firm. Retention rules can change and special situations exist. Confirm with USCIS guidance or immigration counsel before discarding any record.