I am in the process of auditing HR and have some questions:

On the retention of I-9's, do we keep them for 3 years after the date of employment begins OR 1 year after the date of termination? If they are employed, do we destroy them after their 3 year anniversary? If that is the case, what are the ramifications of keeping I-9's indefinitely whether they are employed or not? Would we be breaking any kind of rule or regulation?

Thank you!

It is my understanding that it reads to retain for 3 years after the date of hire or 1 year after the date of termination WHICHEVER IS LONGER.

Retention is on page 2 of the instructions:

http://www.uscis.gov/files/form/i-9.pdf

Look at it this way - if you ever get rid of an I-9 on an existing employee, you don't have an I-9 on them whether you got it in the beginning or not. That 'missing" I-9 comes with a feisty little fine if caught by the wrong agency.

Thanks for all your help.