On October 7, 2024, the USCIS issued a reminder to all employers using E-Verify that they have until January 5, 2025, to download records for E‑Verify cases last updated on or before December 31, 2014. The next day, on January 6, 2025, the USCIS will dispose of these E‑Verify records that are more than 10 years old.
USCIS annually disposes of E-Verify employer records that are 10 years old or older per the National Archives and Records Administration (NARA) records retention and disposal schedule. This reduces security and privacy risks associated with the U.S. government's retaining personally identifiable information.
Why is this Important?
An employer needs to make sure it has the required information. If an employer faces an audit by U.S. Immigration and Customs Enforcement, an investigation by the Department of Justice's Immigrant and Employees Right's (IER) Section, a request from the U.S. Department of Labor, or an audit/inspection from a state agency, employers must be able to produce certain records related to E-Verify cases. Additionally, employers are required to either record the E-Verify case verification number on each corresponding I-9 form or attach a copy of the E-Verify work authorization case page to each I-9 form. If an employer fails to do so, it can retrieve this information from the E-Verify system. Employers that fail to record this information, however, could be in trouble if USCIS deletes those records. It is prudent to retain copies of the soon-to-be-purged records.
This is also important for employers that are changing from paper I-9 forms to an electronic I-9 system or that have utilized multiple electronic I-9 systems. Retaining these older records is important, although it may be more complicated if different E-Verify accounts having been used.
What can employers do?
To retain E-Verify case information before the January 5, 2025 deadline, a company's program administrator or corporate administrator can download and save the Historic Records Report, which includes:
- Company name and location
- Initiated date and verification case number
- Employee name and date of initial resolution
- Date of additional resolution and final status
- Case closure date and case closure description
Additionally, employers should confirm that the E-Verify case verification number is recorded, or denoted, on each corresponding I-9 form, or that the E-Verify final confirmation page is attached to each I-9 form.
Employers that use an electronic I-9 system can contact their electronic I-9 provider to make sure it is storing all the required data, including older E-Verify records, as required under the compliance requirements.
Who does this not affect?
For employers that enrolled in E-Verify in 2015 or thereafter, this announcement will have no effect until USCIS gets ready to destroy records of employers enrolled for 10 years. However, for pre-2015 E-Verify employers, this deadline is critical to avoid potential compliance issues, especially in the event of an audit or switch from paper I-9s to an electronic system.
Employers with questions related to this retention and disposal policy are advised to speak with their immigration compliance counsel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
