USCIS has announced that on January 2, 2020 it will dispose of its E-Verify records for cases that are more than 10 years old. Specifically, USCIS will be destroying its E-Verify records that were created on or before December 31, 2009. After January 2, 2020, employers will no longer be able to access USCIS’ E-Verify records for the destroyed cases. Employers wishing to download a copy of USCIS’ E-Verify reports for cases that are subject to disposal should download those reports from the E-Verify website by December 31, 2019.

If an employer is ever subject to an I-9 Audit or an ICE investigation regarding the employment of unauthorized workers, the employer can assert an affirmative defense by demonstrating that it received a “work authorized” confirmation from the E-Verify system for the employee in question. It is a well-established best practice that employers should make a note of an employee’s E-Verify case verification number on the employee’s Form I-9 and attach a copy of the E-Verify confirmation results received at the time that the E-Verify case is first created. However, once USCIS has disposed of its own E-Verify record, the employer will be left with only the case number and a copy of the downloaded E-Verify confirmation report to support this affirmative defense. In order to have proof that USCIS actually created an E-Verify case for the employee in question, employers should take the precautionary additional step of downloading and archiving a copy of USCIS’ Historic Records Report for the employee. Further, we recommend that employers adopt a policy of downloading Historic Record Reports at the end of each calendar year in order to avoid any E-Verify cases being destroyed without first obtaining a record of their existence.

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Photo of Brenda A. Eckert Brenda A. Eckert

Brenda Eckert practices in the areas of civil litigation, civil rights, employment law litigation, and employment-based immigration law before state and federal courts and administrative agencies. She has successfully defended public and private sector employers against employment law claims, including contract claims, discrimination…

Brenda Eckert practices in the areas of civil litigation, civil rights, employment law litigation, and employment-based immigration law before state and federal courts and administrative agencies. She has successfully defended public and private sector employers against employment law claims, including contract claims, discrimination claims and related state tort claims.

Photo of Bradley Harper Bradley Harper

Bradley Harper is a member of the firm’s Immigration practice, where he advises clients on the immigration process, assists them with preparing and filing employer-sponsored immigration petitions including H-1B, L-1, O-1, and TN nonimmigrant visa types and EB-1, EB-2 and EB-3 immigrant visa/“green…

Bradley Harper is a member of the firm’s Immigration practice, where he advises clients on the immigration process, assists them with preparing and filing employer-sponsored immigration petitions including H-1B, L-1, O-1, and TN nonimmigrant visa types and EB-1, EB-2 and EB-3 immigrant visa/“green card” petitions, as well as with preparing and filing Responses to Requests for Evidence. He also provides general immigration advice to clients who have submitted or are preparing to submit family-sponsored immigrant visa (“green card”) petitions, adjustment of status applications, and applications to become naturalized U.S. Citizens.