How do I figure out the retention period for I-9 forms and hiring records of applicants we didn't hire?

Start with the source of the obligation

Retention for I-9 forms and applicant records is driven by specific recordkeeping rules, not by a general “keep everything” policy. The first step is to identify which authority governs each record type, because I-9s and non-hire applicant files are covered by different rules.

Treat the legally required minimum as a floor. Your organization may keep records longer for legitimate business reasons, but you should not destroy them earlier.

Form I-9 (employment eligibility verification)

The I-9 has its own retention rule tied to the later of two events: a set period after the hire date, or a set period after employment ends. Because the calculation depends on each employee’s individual dates, retention is per-person, not a single fixed date for the whole batch.

Practical guidance:

• Calculate and store a destruction-eligible date for each I-9 when employment ends.
• For applicants you did not hire, you generally do not complete an I-9 at all, since the form applies to actual hires. Keep that distinction clear in your system.

Records of applicants you did not hire

Applications, resumes, interview notes, and related materials for non-selected candidates are governed by anti-discrimination recordkeeping requirements. Employers covered by EEOC-enforced laws must retain these personnel and employment records for a defined period after the record is made or the action (such as the hiring decision) is taken.

Two important nuances:

• If a charge of discrimination is filed, you must preserve all related records until the matter is fully resolved, even past the normal period.
• Federal contractors and certain industries may face longer retention obligations, so confirm the rules that apply to your organization.

Build it into your schedule

Rather than chasing dates manually, record the trigger event (employment end, application date, decision date) as metadata and let your retention schedule calculate eligibility automatically. This is especially important for electronic records, where copies proliferate. For broader context, see the electronic records topic hub.

When the governing period is unclear, confirm the current requirement directly with the enforcing agency before disposing of anything.