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How long must an employer retain the Form I-9?

  1. 2 years

  2. 3 years

  3. 5 years

  4. Indefinitely

The correct answer is: 3 years

An employer must retain the Form I-9 for a specific period to ensure compliance with federal regulations regarding employment eligibility verification. The correct retention time is three years after the employee's date of hire or one year after the employee's termination, whichever is longer. This means that if an employee is employed for more than two years, the employer needs to keep the Form I-9 for a total of three years from the hire date. If an employee is terminated before reaching that three-year mark, the employer must retain the form for one year following the termination date. This requirement is crucial for employers to demonstrate that they have verified the identity and employment authorization of their employees properly. The other options suggest shorter or indefinite retention periods, which do not align with the established guidelines. Therefore, maintaining the Form I-9 for a total of three years after hire, or one year after termination, supports the employer's compliance with the relevant immigration laws and regulations.