Question: As an H-1B employer, how long should I store and maintain I-9 forms? What information must I make available for public access?
Answer: I-9 forms and H-1B documents often create a lot of questions for employers regarding storage and public access. You’re not alone in asking this question! You must retain I-9 forms and any photocopies of presented documents for each employee hired after November 6, 1986. Store the forms and any photocopies separately from employee personnel files in a manner that allows you to easily access, sort, and present them to U.S. Immigration and Customs Enforcement (ICE) within 72 hours if requested.
When employment ends for any employee, you must retain the I-9 forms and photocopies for either three years from the employee’s hire date or one year from the employee’s termination date—whichever is longer. Calculate the Form I-9 document destruction date when employees terminate employment; as a best practice, periodically review your I-9 forms and properly destroy any documents that can be eliminated.
When it comes to H-1B documents, there are additional requirements because these types of documents must be made accessible should anyone from the public request access. You are not required to provide copies of documents to the public, but you must make the following materials available for public access within one working day of filing the Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with the Department of Labor:
This H-1B information does not generally include the employer’s name, and other employees do not have the right to know who is receiving sponsorship, which is why employees’ names are redacted from the documents.
The Department of Labor’s H-1B fact sheet provides additional information. The complete Public Access File (PAF) regulation can be found at: https://www.law.cornell.edu/cfr/text/20/655.760.
Properly completing and maintaining I-9 forms for H-1B employees is a critical compliance responsibility that requires precision and up-to-date knowledge of employment verification laws. Even small errors can lead to serious legal and financial consequences.
Axcet HR Solutions provides payroll compliance expertise to help small and mid-sized businesses navigate complex requirements with confidence.
Learn how our payroll compliance services can keep your business audit-ready and compliant.
Written by
Jo McClure, CPP, is the Director of Payroll Administration at Axcet HR Solutions, where she has been a pivotal leader for over 20 years. With more than two decades of experience in payroll outsourcing and professional employer organizations (PEOs), Jo specializes in helping small to mid-sized businesses navigate payroll administration, employee benefits, and compliance.
Her strategic leadership at Axcet focuses on implementing best practices in payroll management, compliance auditing, and risk mitigation. Jo obtained her Certified Payroll Professional (CPP) designation in 2006 and has held numerous leadership roles in the Greater Kansas City Chapter of the American Payroll Association, including President, Vice President, and Chapter Coordinator. A frequent speaker at the Midwest Regional Payroll Conference, she has also contributed articles to publications such as Thinking Bigger Business and Kansas City Small Business Monthly.
Jo's specialties include payroll implementation, compliance auditing, and crafting best-practice payroll solutions that ensure businesses stay compliant while optimizing their processes.
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