I-9 Record Maintenance and Retention

The city must retain a completed Form I-9 for every current employee for the entire period of employment. After employment ends, the city must retain the employee’s Form I-9 until the later of:

• Three years after the employee’s date of hire; or
• One year after the employee’s employment ends.

For example, if an employee works for the city for less than two years, the Form I-9 will usually be retained until three years after the date of hire. If an employee works for the city for more than two years, the form will generally be retained for one year after employment ends. After the required retention period expires, the city may securely destroy the Form I-9 and any associated copies of employment-authorization documents, consistent with its records-retention and secure-disposal practices.

Storage Methods
The city may retain completed Forms I-9 in paper, electronic, microfilm, microfiche, or a combination of these formats, provided the records remain legible, secure, retrievable, and available for inspection. The city may maintain paper Forms I-9 at its worksite or at an off-site storage location, so long as the forms can be produced within three business days of a lawful inspection request.

Authorized government officials may request Forms I-9 for inspection, including officials of the U.S. Department of Homeland Security, the U.S. Department of Justice Civil Rights Division’s Immigrant and Employee Rights Section, and the U.S. Department of Labor. The city must be able to provide the requested Forms I-9 within three business days after receiving the inspection request.

The city should keep Forms I-9 separate from general personnel files whenever practical. Maintaining a separate I-9 file helps protect sensitive personal information and makes production during an inspection more efficient.

Paper Forms and Scanned Records
The city may complete Form I-9 on paper using original handwritten signatures. The city may then scan and upload the original signed form, together with any Supplements A or B, corrections, or updates, and retain the records electronically. Once the original paper Form I-9 has been securely scanned and electronically stored in compliance with federal requirements, the city may destroy the original paper form.

The city should use the current Form I-9 and instructions published by USCIS. Retaining a photocopy or printout of a blank Form I-9 is not necessary to establish that an employee received instructions; however, the city must make the Form I-9 instructions available to employees completing the form.

Microfilm and Microfiche
The city may retain Form I-9 records on microfilm or microfiche if the system preserves legible images for the entire retention period and permits prompt retrieval and reproduction of clear paper copies. The system must allow the city to locate and provide requested records within three business days of an inspection request.

If using microfilm or microfiche, the city should:

• Use film stock and equipment that preserve readable images throughout the required retention period.
• Maintain equipment that can produce clear, legible paper copies.
• Use an indexing system that allows prompt retrieval of individual Forms I-9.
• Maintain records in a manner that permits immediate access by authorized officials at the time of inspection.

Electronic Forms and Signatures
The city may electronically generate, complete, sign, and retain Forms I-9 if its electronic system complies with the standards in 8 C.F.R. § 274a.2. Electronic Forms I-9 must be legible and must not alter the required name, content, sequence of data elements, or instructions of the USCIS form. The system may not add unauthorized data fields or language to Form I-9.

An electronic Form I-9 system must include:

• Reasonable controls to ensure the integrity, accuracy, and reliability of electronically generated or stored records.
• Safeguards to prevent and detect unauthorized or accidental creation, addition, alteration, deletion, or deterioration of the form or electronic signature.
• A regular inspection and quality-assurance program, including periodic review of electronically stored Forms I-9 and electronic signatures, if used.
• An indexing and retrieval system that permits searches using any data element.
• The ability to reproduce legible paper copies of Forms I-9 and related records.

If the city uses electronic signatures, the electronic-signature system must allow the employee and employer representative to acknowledge that they read the applicable attestation, attach the electronic signature to the electronic Form I-9 at the time of the transaction, and preserve a record that verifies the identity of the individual signing. Upon the employee’s request, the system must provide a printed confirmation of the transaction.

The city must also maintain an effective electronic-records security program that limits access to authorized personnel, provides backup and recovery procedures, trains users to minimize unauthorized alteration or deletion, and creates a secure, permanent audit trail whenever a person creates, completes, changes, corrects, or accesses an electronic Form I-9. The audit trail should identify the person accessing the record, the date of access, and the action taken.

Copies of Employee Documents
The city may, but is not generally required to, make photocopies or electronic images of documents an employee presents for Form I-9 purposes. If the city chooses to copy or scan documents, it should apply that practice consistently to all employees.

Any copies or electronic images made for Form I-9 purposes must be retained with the employee’s Form I-9 or stored with the employee’s records in a manner that permits retrieval consistent with federal Form I-9 requirements. For employees whose documents were remotely examined under USCIS’s authorized alternative procedure, the city must retain clear and legible copies of the documents examined.