The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Annual Administrative Disposal of E-Verify Records Drawing Near

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  On January 2, 2020, the United States Citizenship and Immigration Services (USCIS) will conduct its annual disposal of E-Verify FN1 employer records that are ten years old or older to reduce security and privacy risks with the United States government retaining personally identifiable information. FN2  

  E-Verify requires employers to record, or print and file the E-Verify case verification number for each corresponding Form I-9, Employment Eligibility Verification. Even though the USCIS purges historic records annually, employers are required to maintain such historic records. Employers with records more than ten years old should download a Historic Records Report FN3 before the end of the year.

 The Historic Records Report includes the following information:

 • 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.

 Footnotes:

FN1:    E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.  See https://www.e-verify.gov/. The purge only affects companies who have been registered E-Verify users for more than 10 years and only employees who would have been subject to E-Verify at the time of hire.

 FN2:   https://www.e-verify.gov/sites/default/files/everify/factsheets/E-VerifyNARAFactSheet.pdf

 FN3: https://search.everify.gov/search?utf8=%E2%9C%93&affiliate=everify&query=historic+records+report&commit=