Employers must retain completed I-9 forms for 3 years after the date of hire OR 1 year after employment termination, whichever is later. This means an employee hired on January 1, 2023, and terminated on June 30, 2024, requires I-9 retention until January 1, 2026 (3 years from hire date), not July 1, 2025 (1 year from termination). The "whichever is later" rule ensures long-term employees who leave before the 3-year mark still have their I-9 retained for 1 year post-termination, while short-term employees who leave within months of hire still have their I-9 retained for the full 3 years from hire date. Early destruction or loss of I-9 forms before the required retention period expires triggers automatic penalties of $288 to $2,861 per missing form during ICE audits, even if the original I-9 was completed correctly.

The retention requirement applies to all I-9 forms regardless of whether the employee was full-time, part-time, seasonal, or temporary, and includes all supporting documentation such as copies of identity documents (if the employer chose to retain them), reverification records (Section 3), and any notes or correspondence related to the I-9 completion process. Employers must store I-9 forms separately from personnel files and ensure they are readily accessible for ICE inspection—typically within 3 business days of receiving a Notice of Inspection. Digital storage is permitted if the system maintains data integrity, prevents unauthorized alterations, and can produce readable paper copies on demand. Many employers struggle with I-9 retention compliance due to poor tracking systems that don't automatically calculate retention deadlines or flag forms eligible for destruction.

Lake Mead Mobile Notary provides I-9 verification services with detailed record-keeping support that helps Las Vegas and Henderson employers maintain compliant I-9 files. When our mobile notaries complete Section 2 as authorized representatives, we provide employers with date-stamped verification records that clearly document hire dates and retention deadlines, making it easier to manage the 3-year/1-year rule. We also offer guidance on Henderson area businesses regarding digital I-9 storage solutions and audit preparation strategies that ensure your I-9 forms remain accessible and compliant throughout the entire retention period.

No, I-9 is required only for employees—independent contractors are not subject to I-9 verification because they are not considered employees under federal immigration law. The business relationship with an independent contractor is governed by contract terms, not employment law, meaning the contractor maintains control over how work is performed, provides their own tools and equipment, sets their own schedule, works for multiple clients, and bears the financial risk of the engagement. However, misclassifying employees as contractors to avoid I-9 creates major liability because ICE, the Department of Labor, IRS, and state agencies scrutinize worker classification, and intentional misclassification to evade employment eligibility verification constitutes a serious violation potentially resulting in back taxes, penalties, criminal prosecution, and fines far exceeding standard I-9 violations.

Recent enforcement focuses heavily on gig economy worker classification, with federal and state regulators targeting rideshare companies, delivery services, staffing platforms, construction subcontractors, and healthcare agencies that misclassify employees as independent contractors. The test for worker classification examines multiple factors: degree of control over work performance (employer-controlled = employee), integration into business operations (integral role = employee), opportunity for profit or loss (fixed pay = employee), investment in equipment and facilities (employer-provided = employee), permanency of relationship (ongoing = employee), and skill/initiative required (routine tasks = employee). Companies that systematically misclassify workers face joint employer liability where both the company and the misclassified "contractor" arrangement can trigger penalties, while individual cases of good-faith misclassification still require I-9 correction once employee status is established.

Lake Mead Mobile Notary provides I-9 verification services for properly classified employees throughout Henderson, Las Vegas, and Clark County, ensuring compliant employment eligibility verification for your workforce. We also help businesses transitioning contractors to employee status by completing I-9 verification within the required 3-day window from the first day of employment. For companies using both employees and legitimate independent contractors, our mobile notaries can verify which workers require I-9 completion based on the business relationship structure, reducing the risk of inadvertent classification errors. This service is especially valuable for construction firms, healthcare providers, and professional services companies in Rancho Bel Air and surrounding areas that maintain mixed workforces of employees and genuine independent contractors.