Last Call for E-Verify Records: Compliance Steps Before the January 5, 2025 Disposal

[co-author: Matthew Parker]*

USCIS’s E-Verify Disposal Announcement

The U.S. Citizenship and Immigration Services (USCIS) recently announced that employers using E-Verify have until January 5, 2025, to download and retain records for cases last updated on or before December 31, 2014. After this date, USCIS will permanently dispose of these records. For employers who enrolled in E-Verify in 2015 or later, this announcement has no effect until next year’s annual disposal round. 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.

Why is USCIS Disposing of pre-2015 E-Verify Records?

Short answer, they have to. According to USCIS’s fact sheet, under the National Archives and Records Administration (NARA) records retention and disposal schedule (N1-566-08-7), USCIS must dispose of E-Verify records 10 years old or older to “reduce security and privacy risks associated with U.S. government retaining personally identifiable information.”

Why Does This Matter for My Company?

1. Audit Preparedness: In case of an audit by the Department of Homeland Security (DHS), an investigation by the Department of Justice’s Immigrant and Employees Right’s (IER) section, a state inspection, or a request from the Department of Labor, employers must be able to produce certain records related to E-Verify cases. The Historic Records report contains essential information like company details, case identifiers, and case resolution statuses. Having these records on hand ensures you meet the compliance requirements.
2. Compliance with I-9 Requirements: Employers are required to either record the E-Verify case verification number on each corresponding I-9, or in the alternative, attach a copy of the E-Verify case details page to each corresponding I-9. To ensure compliance, keeping the Historic Records report with your I-9s is crucial for proof of proper verification.
3. Electronic I-9 Systems and Historical E-Verify Accounts: Companies who are either transitioning from paper to an electronic I-9 system or who have utilized multiple electronic I-9 systems have added responsibilities. Ensuring that these older records are retained is just as important, but often a more complicated ask given the use of different E-Verify accounts. Accordingly, companies should:
   1. Ensure that someone is charged with E-Verify oversight for the company—i.e., maintaining access to current and historical E-Verify accounts, updating the company’s E-Verify Memorandum of Understanding (MOU) when necessary, compiling and reviewing E-Verify reports to ensure compliance, etc. Your company’s Form I-9 POC is typically best suited for this responsibility.
   2. Ensure that you have access to all current and historical E-Verify accounts for your company. If you are unsure whether your company has historical E-Verify accounts, there are a number of ways to obtain this information: check with tenured internal personnel, search for your company (or companies) using E-Verify’s search tool, and consider contacting E-Verify directly for assistance with identifying any historical accounts and granting the necessary access. Oftentimes, contacting E-Verify may be better managed by experienced legal counsel.
   3. Ensure proper retention of E-Verify information during I-9 system transitions or when digitizing paper I-9s into electronic systems. When transitioning from paper Forms I-9 to an electronic system, or switching between electronic I-9 vendors, it is essential to retain all E-Verify information. This data is often overlooked during the digitization of paper Forms I-9, but it’s your company’s responsibility to ensure it is not lost. Likewise, when migrating between electronic systems, all E-Verify information must be properly transferred. Vendors can typically store not only paper copies of E-Verify data but also migrate the data fields that facilitate integrated reporting.
   4. Ensure proper storage of E-Verify case data in your electronic I-9 system. Confirm that your company’s electronic I-9 system is saving and storing all E-Verify case data correctly. If you are unsure, contact your vendor for assistance in seamlessly retaining this data. In the unlikely event that your system did not properly store E-Verify data, use this opportunity to discuss retrieving the data directly from the USCIS web services E-Verify account.

What Should My Company Do?

1. Download the Historic Records Report: Before the January 5, 2025 deadline, program administrators should download and save the Historic Records report. This report contains all necessary case data to ensure compliance.
   • Again, this may involve identifying historical E-Verify accounts that are no longer in use, gaining access, and downloading/saving Historic Records reports from those accounts.
2. Review Your Forms I-9: Confirm that the E-Verify case verification number is recorded on each corresponding I-9 form. If not, attach the case details page to each I-9.
3. Consult Your Vendor: If you use an electronic I-9 system, confirm with your vendor that they are storing all the required data, including older E-Verify records, in line with compliance requirements. Consider having them request a Historic Records report to store internally as back up.

Taking this proactive approach ensures your business remains compliant and protected in the event of an audit or system change. For more detailed information, refer to the fact sheet on E-Verify Records Retention and Disposal, as well as E-Verify instructions on downloading the Historic Records report.

Stay tuned for our upcoming blogs on E-Verify+ (should you sign up?) and E-Verify Desk Reviews AKA audits.

*Seyfarth’s Business Immigration team, not a practicing attorney.