Pursuant to the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-55-08-7), U.S. Citizenship and Immigration Services (USCIS) annually purges E-Verify data that is more than 10 years old. According to USCIS, as of May 14, 2021, employers will no longer have access to E-Verify records that were created on or before December 31, 2010.

As a result, employers may want to download the soon-to-be purged case information from the E-Verify Historic Records Report prior to May 14, 2021, in order to retain the data. Employers are encouraged to add this routine to their end-of-year I-9 compliance routines. In addition, the E-Verify Historic Records Report may be helpful for employers when asked to provide E-Verify records and results in response to an I-9 compliance audit by federal enforcement agencies.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the firm’s Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.