How long must I-9 Forms be kept on file according to the Immigration and Nationality Act?

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Under the Immigration and Nationality Act, employers are required to retain I-9 Forms for a specific duration to ensure compliance with federal regulations regarding the employment eligibility verification process. The correct answer reflects that I-9 Forms must be retained for at least three years after the date of hire or one year after the employment ends, whichever is longer. This approach ensures that records are preserved for a substantial period for potential audits or investigations regarding the employment authorization of employees.

Keeping the forms for three years after hire ensures that complete records are available during this significant timeframe when employers might need to verify an employee's work authorization status. Additionally, retaining the forms for one year post-employment ensures that there is an available record should any queries regarding that individual's right to work arise after their employment has concluded. This dual requirement emphasizes the importance placed on maintaining accurate employment records and complying with federal immigration laws.

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