U.S. Citizenship and Immigration Services (USCIS) is the custodian of most immigration records.  Among these are E-Verify records.  Therein are millions of records, used by stakeholders to verify work eligibility of new employees.  

Pursuant to the National Archives and Records Administration (NARA) Records Retention and Disposal Schedule (N1-566-08-7), USCIS is required to dispose of E-Verify records which are ten (10) years old, to reduce security and privacy risks to the subjects of those records.  

On May 6, 2022, USCIS will dispose of those E-Verify records that are dated on or before December 31, 2011.  E-Verify employers have until May 5, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

This is necessary because E-Verify employers are required to record the E-Verify case verification number on corresponding Forms I-9, Employment Eligibility Verification (Form I-9), or attach a copy of the case details page to the respective Form I-9.  Historic Records Reports should be retained with the Form I-9s they relate to.

The Green and Spiegel compliance and enforcement practice follows these matters closely and we will continue to update our blog and provide E-Alerts to advise on the latest developments.  We have the experience and capacity to serve client compliance interests well. If your company wants help with such matters, please contact our Corporate Compliance Practice. You can also call us at (215) 395-8959

DISCLAIMER: Please note, nothing we post here is legal advice, nor does reading anything we write or communicating with us on or through social media form an attorney/client relationship between us. Choosing an attorney is a serious matter and should not be based solely or primarily on advertising or any other public communication of an attorney or law firm.

Author

  • David Spaulding is a general immigration law practitioner and Green and Spiegel’s Compliance and Regulatory Practice Counsel.

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