Don't be an I-9 hoarder: The legal risk of over-retention.

Many employers have (knowingly or not) adopted a laissez-faire attitude to Form I-9 purging by choosing to keep their I-9s beyond the retention period and to "sort it all out" in the event of an inspection by the government. The problem with this approach is that employers are typically only provided three business days to produce I-9s (and associated documentation) in the event of a notice of inspection from Immigration and Customs Enforcement (ICE).

And in the mad dash of responding to the NOI, employers may not have the time or resources to remove those purgeable I-9s from the documents sent to ICE. When this occurs, ICE can review and...