E-Verify Records Before 2011 to Be Deleted

The U.S. Department of Homeland Security (DHS) has announced the upcoming annual disposal of E-Verify employment records. Released on the E-Verify website, the alert announces the upcoming destruction of records that are more than 10 years old. Accordingly, on May 14th, 2021, E-Verify employment records dated on or before December 31st, 2010, will no longer be available. Recently, the DHS announced an extension due to COVID-19 involving employer Form I-9 compliance.

About E-Verify

E-Verify is a web-based system that allows employers to confirm the eligibility of their employees to work in the U.S. Specifically, employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees. E-Verify matches the information entered on the Form I-9 against Social Security Administration (SSA) and DHS records. The system then saves an employer’s E-Verify employment records for potential access at some later date. The program is available in all 50 states and the District of Columbia. It is also used in Puerto Rico, Guam, the U.S. Virgin Islands, and Commonwealth of Northern Mariana Islands. According to the DHS, E-Verify is currently the best means available to electronically confirm employment eligibility.

E-Verify Records Retention and Disposal

Annually, the U.S. Citizenship and Immigration Services Division (USCIS) of the DHS disposes of E-Verify employment records. Namely, records that are 10 years old or older are subject to destruction. The USCIS believes that this practice reduces security and privacy risks associated with the U.S. government retaining personally identifiable information. As mentioned earlier, on May 14, E-Verify records dated on or before December 31st, 2010, will no longer be available. Prior to that date, employers can retain E-Verify case information by accessing the Historic Records Report located in their account. 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

On the whole, E-Verify is a voluntary program. Employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause, however, must use it. States may also require employers to participate in E-Verify if there is legislation mandating the system’s use. In some instances, employers might participate in E-Verify as a result of a legal ruling. No matter the reason why an employer participates, you must remember that USCIS disposes of records annually. If you are risk of losing information, the DHS recommends you access your Historic Records Report and save those records. Lack of proper Form I-9 and employment verification materials could result in fines and penalties.