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Immigration-Related Document Retention Guidelines for Terminated Employees and Preparation for Government Enforcement Actions

November 14, 2008

By Kyle Sherman and Kevin Miner

The termination of the employer/employee relationship does not end the obligation of the employer to retain certain immigration-related documentation. Specifically, the employer must retain Form I-9 for each employee for either three years from the date employment begins, or one year after the date employment is terminated, whichever is later. It is a good practice to purge I-9s that are no longer required to be retained.

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