Utah Contractor Practice Exam

For how long must I-9 forms be retained by employers?

1. One year after termination

2. Three years from the hire date

3. As long as the employee works

4. The longest of the first two options

The correct answer is: The longest of the first two options

The reason the longest of the first two options is the correct answer is that employers are required to retain Form I-9 for a specific period in relation to an employee's employment duration and termination. According to U.S. Citizenship and Immigration Services (USCIS) regulations, employers must keep the I-9 form for three years after the employee's hire date or for one year after the employee's termination, whichever period is longer. This means that if an employee is employed for less than three years, the I-9 should be retained for one year after termination. Conversely, if an employee remains employed for three years or longer, the form must be kept for the full duration of their employment plus an additional year upon termination. It is crucial for employers to comply with this regulation to ensure their documentation is complete and to avoid potential penalties for improper record-keeping. In summary, the retention requirement reflects the need for documenting an employee’s eligibility to work, thus emphasizing the importance of maintaining these records as outlined by federal law.