What should an agency do if a former employee's I-9 is no longer needed?

The correct action for an agency regarding the handling of a former employee's I-9 form is to retain it for three years from the date of hire. This requirement is established under U.S. immigration law, which stipulates that employers must keep completed I-9 forms for a specified duration to comply with federal regulations.

By keeping the I-9 for three years, the agency ensures it can demonstrate compliance with employment eligibility verification requirements and is prepared to respond to any potential audits or inquiries from immigration authorities. This retention period encompasses the entire time the employee was employed, plus an additional year.

Other options may suggest shorter retention periods or immediate disposal of the form, which would not adhere to legal compliance and could expose the agency to risks of penalties or fines for failing to retain the necessary documentation for the mandated timeframe. Proper records management not only fulfills legal obligations but also protects the agency's interests in case of any future disputes regarding employment eligibility.