If you use the E-Verify system, you should be aware that United States Citizenship and Immigration Services (“USCIS”) disposes of E-Verify records that are 10 years old or older each year according to a Fact Sheet it has published. According to USCIS, this practice is designed to reduce security and privacy risks to personally identifiable information.
What Does This Mean For You? The Society for Human Resource Management (“SHRM”) advises that employers take steps to retain their E-Verify records created before January 1, 2010 before they are deleted. USCIS has created a Historic Records Report with information about each E-Verify case that will be purged. Employers can download and save the Historic Records Report by following the instructions at this link: https://www.everify.gov/sites/default/files/everify/infosheets/DownloadNARAReportsinE-Verify.pdf. According to SHRM, employers have until December 31, 2019 to download this case information.
In order to be able to access information in the event of an I-9 audit, employers should cross-reference E-Verify case verification numbers with the corresponding employee’s Form I-9, and also have the Historic Records Report accessible
If you have any questions about this update, or any other employment or labor law questions, please contact Jill M. Laskowitz at firstname.lastname@example.org or (717) 509-7261, S. Whitney Rahman at email@example.com or (717) 509-7237, or Grace C. Nguyen Bond at firstname.lastname@example.org or (717) 509-7226.
**This update is provided for informational purposes only and
should not be construed as legal advice or as creating an
attorney-client relationship where one does not already exist.**