Human Resource Blog

I-9 storage

As a company we currently keep our I-9 storage at our corporate office. We have offices in 48 states. Should the retention be in each state office or can the corporate office store for all the states we do business in?

Either storage method is fine for I-9s. Federal law requires employers to keep I-9s for 1 year after the employee is terminated, or for 3 years after the employee is hired, whichever is longer. It specifically gives employers the right to copy supporting documents for the I-9 and to keep them on file, with the I-9. Employers are permitted to store I-9s electronically by scanning them and saving them to a computer or CD. Federal regulations do not specify whether the I-9 records be kept at the corporate office or at the local office.

Copies of I-9 documents must be kept separate from the employees personnel file, because they contain information on age, sex, race and color that could be used in a discriminatory way. The major argument for keeping I-9 files on location is that it makes them easier to update. When a supporting document for an I-9 (such as a drivers license, passport or immigration document) expires, the employer must obtain a new one from the employee. Some companies find it easier to monitor this if the documents are left onsite. Others prefer to have all the I-9 records stored in a central location.

A number of states have their own regulations regarding I-9s and employee verification.