E-Verify Records Retention and Disposal
On January 1, 2015, USCIS will begin deleting E-Verify case records that are over 10 years old, which are those records whose last transaction occurred on or before December 31, 2004. The deletion of records will be an annual process that will continue in future years.
The Department of Homeland Security will not have access to these old records effective January 1, 2015. If for any reason an employer would like to retain records subject to deletion, the employer may download a “Historic Records Report” containing information about transactions in each E-Verify case created on or before December 31, 2004. Please be advised that if the employer chooses to retain copies of these deleted records, the employer may be required to present the records in the event of a subpoena related to an I-9 audit or E-Verify desk review. The report is only available until December 31, 2014.
Instructions on downloading the Historic Records Report are available at http://www.uscis.gov/e-verify.
Larrabee Albi Coker LLP can assist employers with issues pertaining to I-9 and E-Verify compliance. The key to ensuring compliance is to have strong policies and procedures in place to address the I-9 and E-Verify preparation and maintenance requirements. Failure to do so may result in significant fines assessed by ICE. Our services include in-depth trainings on I-9 best practices and compliance; trainings on and assistance with the E-Verify program; legal review of electronic I-9 programs to ensure compliance with regulations; pro-active internal audits to ensure full compliance in the event of a DOL or ICE audit; assistance with self-audits; assistance with actual audits conducted by ICE or DOL to limit civil fines and potential criminal charges filed against employers; and advice regarding whether to adopt I-9s in the event of a corporate restructuring.