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March 2022: Old E-Verify Records to Be Disposed After March 31, 2022

30 Mar


Update Applicable to:
All employers who use E-verify

What happened?
On April 1, 2022, the U.S Citizenship and Immigration Services (USCIS) will dispose of E-Verify records that are more than 10 years old, which are those dated on or before December 31, 2011.

What are the details?
USCIS annually disposes of E-Verify employer records that are 10 years old or older per the National Archives and Records Administration records retention and disposal schedule (N 1-566-08-7). This reduces security and privacy risks associated with the U.S. government retaining personally identifiable information.

To retain E-Verify case information, an employer (or their program or corporate administrators) may 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; and

• Case closure date and case closure description.

Employers are required to record the E-Verify case verification number on the corresponding Form I-9, Employment Eligibility Verification or attach a copy of the case details page to the Form I-9. Employers should retain the Historic Records Report with each Form I-9.

For more information, please see the links below:

E-Verify Records Disposal Information

USCIS Article

What do employers need to do?
Employers should review the links provided above and follow the instructions on how to download records from E-Verify if they wish to retain any information that may be deleted.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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