Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

E-Verify Retention Reminder

By Liz LaRocca on December 30, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

As of Jan. 1, 2015, the government started deleting E-Verify records that were created on or before Dec. 31, 2004. This action was initiated in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule. USCIS now disposes of E-Verify records that are over ten years old every January 1st. Employers are reminded to take steps to update their compliance practices to include an annual E-verify record report for retention purposes.

 

The importance of taking this measure can be invaluable in the case of an I-9 audit. An employer that must undergo an I-9 audit may claim as an affirmative defense that when the E-verify system was used, the employer successfully received a “work authorized” result from E-Verify for a new hire whom Immigration and Customs Enforcement (ICE) now may be identifying as unauthorized for employment in an audit. Once USCIS has disposed of the E-Verify records, the employer has the burden of proving the E-verify verification record from its own archives to support its defense.

While E-Verify recommends that employers annotate Form I-9 with the E-Verify case verification number, we recommend that employers take the additional step of retaining the Historic Records Report with the corresponding Form I-9.  Adding this compliance best practice is most significant for federal contractors and vendors, as it is federally mandated that they participate in the E-Verify program. Likewise, any state that requires all employers to use E-Verify, those companies should be mindful of the annual E-verify record purge. For guidance on downloading the Historic Records Report, see the “Questions and Answers” and “Instructions to Download Historic Records Reports in E-Verify” on the E-Verify website.

Photo of Liz LaRocca Liz LaRocca

Liz LaRocca‘s experience includes assisting clients in a variety of industries, including engineering, IT, biotech, healthcare, sports, entertainment, and telecommunications. Liz has significant experience in PERM labor certifications and employment-based adjustments as well as nonimmigrant petitions for multinational executives, specialized knowledge employees…

Liz LaRocca‘s experience includes assisting clients in a variety of industries, including engineering, IT, biotech, healthcare, sports, entertainment, and telecommunications. Liz has significant experience in PERM labor certifications and employment-based adjustments as well as nonimmigrant petitions for multinational executives, specialized knowledge employees, treaty investors, individuals of extraordinary ability, skilled workers and other professional employees with or without advanced degrees. She advises clients with regard to the intricacies of nonimmigrant visa petitions, and the preparation of immigrant based petitions and naturalization cases. Liz has broad experience drafting appeals, waivers, court motions and briefs, and represents clients at USCIS interviews and in court proceedings.  She has in depth experience representing corporate clients in merger and acquisitions, I-9 audits, and E-verify compliance. She also represents clients in complex immigration cases, consular processing and immigration ramifications of criminal charges.

Read Liz’s full bio.

Read more about Liz LaRoccaEmail
Show more Show less
  • Posted in:
    Government Contracts
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo