When can an I-9 form be destroyed for an employee who quits after working for 5 months?

The correct response is based on the regulations surrounding the retention of I-9 forms, which are used to verify the identity and employment authorization of individuals hired for employment in the United States. According to U.S. Citizenship and Immigration Services (USCIS) requirements, employers must keep I-9 forms for either three years after the date of hire or one year after the employee's termination, whichever is longer.

In the scenario where an employee quits after working for five months, the employer is required to retain the I-9 form for a minimum of three years from the date of hire. Since the employee worked for less than three years, the longer retention period applies here. Therefore, the correct answer is three years after the hire date.

The other options suggest incorrect retention periods that do not align with USCIS requirements for I-9 documentation. Option one year after the exit does not apply in this situation since the employee’s hire date dictates a longer retention period. Similarly, two years after the exit and five years after the hire date exceed the necessary duration established by the regulations. Understanding these requirements is crucial for compliance and proper record-keeping within the framework of employment law.