E-Verify Records Purge Scheduled for May 14, 2021

Mintz - Immigration Viewpoints

Mintz - Immigration Viewpoints

Each year, USCIS purges records that are more than ten years old from its E-Verify system. The next records disposal, which will take place on May 14, 2021, will delete E-Verify records created on or before December 31, 2010. E-Verify employers have until May 14, 2021 to download case information if they want to retain information about these E-Verify cases. Instructions for downloading a Historic Records Report from E-Verify is available here.

Employers are required to record the E-Verify case verification number on the corresponding Form I-9, Employment Eligibility Verification, or alternatively attach a copy of the case details page to Form I-9. If supplementing existing Forms I-9 with historical E-Verify data, employers should retain the Historic Records Report with their affected Forms I-9.

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their newly hired employees to work in the United States. The E-Verify system verifies information provided by employees on the Form I-9 against Social Security Administration (SSA) and Department of Homeland Security (DHS) records.

E-Verify is a voluntary program. However, employers with federal contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if required by their state as a condition of business licensing. In addition, only employers participating in the E-Verify program may employ F-1 students with the STEM-based extension of Optional Practical Training (OPT) employment authorization.

E-Verify does not replace completion of Form I-9; rather, E-Verify confirmation must be done in addition to completing Form I-9. With limited exceptions, E-Verify should be used for new hires only, and not for I-9 reverification. Clients are encouraged to conduct periodic internal audits of I-9 and E-Verify records to ensure compliance.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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