Employers Act Now – Save your E-Verify Records

Arnall Golden Gregory LLP
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It’s that time of the year when employers using the E-Verify program need to act to save their historic records.  Yawn…historic records?

To comply with the National Archives and Records Administration’s retention and disposal schedule, on January 1st of each year, U.S. Citizenship and Immigration Services (USCIS) is required to dispose of E-Verify transaction records more than 10 years old.

Important — this means that if you have been participating in the electronic employment eligibility program called E-Verify for more than 10 years, you need to download your company’s Historic Records Report before December 31, 2015. This report will include all E-Verify transaction records for cases more than 10 years old.  Employers will not be able to access in E-Verify cases created prior to December 31, 2005 after January 1st.

Takeaway — if you were using E-Verify on or before December 31, 2005 you need to download the Historic Records Report for transaction records older than 10 years and maintain with your I-9 and E-Verify records.  This will be your only proof from the system that the cases were created in the system.

For more information see the USCIS Fact Sheet and Instructions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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