Purging of E-Verify Records Older Than Ten Years Every Year In January Necessitates The Use Of The Historic Records Report in E-Verify

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In accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule, U.S. Citizenship and Immigration Services (USCIS) disposes of E-Verify records that are over 10 years old every January 1. E-Verify is a U.S. government online system which verifies Social Security Numbers and work authorization of new hires. E-Verify is currently voluntary in Illinois, but is required by law in certain states and for certain Federal Contractors. USCIS is required to annually dispose of E-Verify records 10 years old and older to minimize security and privacy risks associated with U.S. Government retention of Personal Identifiable Information (PII). E-Verify employers who have been using E-Verify for over ten years may retain E-Verify case information by downloading and saving the new “Historic Records Report.” This Report is only available from October 1 through December 31 of every year. E-Verify recommends that employers annotate Forms I-9 with the E-Verify case verification number and retain the Historic Records Report with the corresponding Forms I-9. Program Administrators or Corporate Administrators may download the Historic Records Report from E-Verify by following the instructions on the E-Verify public website.

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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