How long must the I-9 form be retained according to federal law?

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The correct guidance regarding the retention of the I-9 form aligns with federal law requirements, which state that employers must retain the I-9 form for three years from the date of hiring or for one year from the date of termination, whichever is longer. This retention period ensures that employers have documentation verifying the employment eligibility of their employees in case of an audit or inquiry by federal authorities.

By retaining the I-9 form for this specified period, employers can demonstrate compliance with the Immigration Reform and Control Act (IRCA), which requires that all employees complete this form to verify their identity and authorization to work in the United States. The stipulation of "whichever is longer" is crucial; it means that if an employee stays with the company for more than three years and then leaves, the employer still must keep the I-9 for one year after termination.

The other options do not align with federal guidelines, as either they stipulate retention periods that do not meet the federal requirements or they do not account for both aspects of the retention rule. Therefore, knowing the correct retention period is essential for maintaining compliance and avoiding potential penalties.

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