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On October 21st, 2025, the U.S. Department of Homeland Security (DHS) announced information regarding the deletion of specific E-Verify records. Released on the E-Verify website, the alert is an annual occurrence that verifies the destruction date for records more than 10 years old. Accordingly, as of January 5th, 2026, E-Verify records dated on or before December 31st, 2015, will no longer be available. Earlier, in October 2025, the U.S. Citizenship and Immigration Services Division (USCIS), which is part of the DHS, suspended all parts of the E-Verify system due to the federal government shutdown. Eventually, the E-Verify system was reopened later that week.
What Is E-Verify?
Overall, E-Verify is a web-based system that confirms the eligibility of possible or current employees to work in the U.S. Specifically, employers verify the identity and employment eligibility of newly hired employees by electronically matching the information provided by employees. For instance, E-Verify matches the data entered on the Form I-9, Employment Eligibility Verification, against Social Security Administration (SSA) and DHS records. Meanwhile, the system saves an employer’s E-Verify employment records for potential access later. For the most part, the program is available in all 50 states and the District of Columbia. Additionally, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands use E-Verify. A large number of E-Verify records simultaneously necessitates frequent purging of the data. In any case, according to the DHS, E-Verify is currently the best means available to confirm employment eligibility electronically.
An Overview of E-Verify Records Retention and Disposal
Accordingly, the USCIS disposes of E-Verify employment records. Specifically, documents that are 10 years old or older are subject to destruction. In addition to saving space, the USCIS believes record destruction reduces security and privacy risks associated with retaining personal information. As shown above, on January 5th, 2026, E-Verify records dated on or before December 31st, 2015, will no longer be available. Before the E-Verify record destruction date, employers can retain information by accessing the Historic Records Report in their account. Presently, every Historic Records Report 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.
Employer Takeaways
Overall, E-Verify is a voluntary program. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use it. States may also require employers to participate in E-Verify if there is legislation mandating the use of the system. As of the date of this blog post, 22 states require E-Verify for at least some public or private employers. Nine states have mandates for all employers, while 11 states have requirements primarily for public employers.
In conclusion, regardless of the reason why an employer participates, they must remember that the USCIS disposes of records annually. In summary, before losing access to your Historic Records Report, the DHS recommends accessing it before the E-Verify record destruction date. Lack of proper Form I-9 and employment verification materials could result in fines and penalties.
