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E-Verify Records Purge Scheduled for May 14, 2021

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.

Please contact your Mintz immigration attorney with any questions relating to E-Verify.


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Maryanne Kline

Practice Group Associate

Maryanne Kline is a Practice Group Associate at Mintz. Her practice focuses on US federal immigration law, with a concentration on business-based immigration issues. Maryanne counsels clients on issues related to hiring foreign nationals, executives, managers, and other workers.