USCIS to Dispose of E-Verify Records Over 10 Years Old

Author: Melissa A. Silver, XpertHR Legal Editor

October 9, 2014

US Citizenship and Immigration Services (USCIS) announced that on January 1, 2015, it will begin disposing of E-Verify records that are over 10 years old, i.e. records that are dated on or before December 31, 2004, in accordance with the National Archives and Records Administration's (NARA) retention and disposal schedule. USCIS is required to dispose of these records to minimize security and privacy risks associated with the government's retention of personal identifiable information. However, the USCIS may retain certain E-Verify records, such as those in connection with an ongoing government investigation, prosecution or litigation.

E-Verify employers that would like a record of their cases that are more than 10 years old may download and save the new "Historic Records Report." USCIS has created Instructions for Downloading the Historic Records Reports. The reports contain information about E-Verify cases created on or before December 31, 2004. An E-Verify employer wishing to obtain this report must download it before December 31, 2014.

The Historic Records Report will contain information including the following:

  • Company name and location;
  • Initiation date and verification number;
  • Employee name;
  • Date of initial resolution;
  • Date of additional resolution and final status;
  • Case closure; and
  • Date closure description.

If an employer was not using E-Verify on or before December 31, 2004, it does not need to download the Historic Records Report because there would be no reported records available.

The USCIS recommends that employers annotate Forms I-9 with the E-Verify transaction number. Further, once an employer obtains the Historic Records Report it should retain the document with the corresponding Forms I-9.

The USCIS has an ongoing obligation to dispose of E-Verify records that are over 10 years old and will do so annually. Thus, on January 1, 2016, the USCIS will begin disposing of records that were created on or before December 31, 2005. Employers will be notified when the Historic Records Report will be available.