I-9 Retention and Purge Schedule Policy

This policy establishes a consistent retention and purge schedule for Form I-9 records to support compliance with USCIS Form I-9 guidance, including the USCIS M-274 Handbook for Employers. The policy ensures that each Form I-9 is retained for three years after the date of hire or one year after employment ends, whichever is later, and that expired records are securely destroyed after the retention period ends.

This policy applies to all U.S. employees, former employees, and contingent workers for whom the organization maintains Form I-9 records. It applies to paper and electronic I-9 files, supporting documentation retained with the form, and any indexed or archived copies maintained by HR, Legal, or records management teams. California employees: this policy does not change any additional state privacy, notice, or records-handling obligations that may apply to employee data. All jurisdictions: if a local law imposes a stricter retention or destruction requirement, the stricter rule controls.

Key terms used in this policy are defined in the Definitions section below. For operational purposes:

• Hire date means the employee’s first day of paid work.
• Termination date means the last day of employment.
• Eligible for purge means the record has passed the later of the two retention triggers and is not on legal hold.
• Secure destruction means shredding, pulverizing, wiping, or otherwise rendering records unreadable and unrecoverable.

1. The policy holder must retain each Form I-9 for the later of:
   • Three (3) years after the date of hire, or
   • One (1) year after the employee’s employment ends.

2. Once the retention period has expired and no legal hold applies, the record must be removed from active retention and destroyed using approved secure destruction methods.

3. The organization will maintain a purge log or equivalent audit trail showing the employee identifier, retention end date, purge date, method of destruction, and the person or team completing the purge.

4. Form I-9 records must be stored separately from general personnel files where feasible to support audit response and minimize unnecessary access to sensitive personal information.

5. Access to I-9 records is limited to authorized HR, Legal, Compliance, and records management personnel with a business need to know.

Retention calculation

1. Record the employee’s hire date and termination date in the retention tracker.
2. Calculate two dates for each Form I-9:
   • Hire date + 3 years
   • Termination date + 1 year
3. Use the later of the two dates as the retention end date.

Purge review

1. Run a monthly or quarterly review of records approaching the retention end date.
2. Confirm whether any legal hold, audit request, government inquiry, or litigation matter requires continued retention.
3. If no hold applies, approve the record for purge.

Secure destruction

1. For paper records, destroy by cross-cut shredding, pulverization, or a certified destruction vendor.
2. For electronic records, permanently delete or wipe files using approved IT or records-management methods that prevent recovery.
3. If a vendor is used, obtain a certificate of destruction or equivalent confirmation.

Documentation

1. Update the purge log with the destruction date, destruction method, record series, and approver.
2. Retain the purge log according to the organization’s records retention schedule.

• Policy holder: owns the policy, approves exceptions, and ensures the retention schedule is implemented.
• HR Manager / HR Generalist: maintains the I-9 tracker, performs retention calculations, and initiates purge reviews.
• Compliance Officer: monitors adherence to USCIS guidance and coordinates responses to audits or investigations.
• Legal Counsel: places and lifts legal holds and advises on litigation or government inquiries.
• Records Administrator / IT: executes secure destruction for paper and electronic records and maintains destruction evidence.
• Managers: must promptly notify HR of terminations so retention dates can be calculated accurately.

Failure to retain, purge, or destroy Form I-9 records in accordance with this policy may expose the organization to civil penalties, audit findings, and regulatory risk under 8 U.S.C. § 1324a and 8 C.F.R. § 274a.2. Exceptions require written approval from the policy holder and Legal Counsel, and must be documented with the reason for the exception and the expected expiration date. Employees responsible for noncompliance may be subject to corrective action, up to and including documented warning, retraining, removal of records-management duties, or other discipline consistent with company policy and applicable law.

This policy will be reviewed at least annually and updated as needed to reflect changes in USCIS guidance, federal recordkeeping requirements, litigation-hold practices, or data privacy obligations. Revisions must be approved by the policy holder, HR, and Legal Counsel before publication.