October 31, 2024
The U.S. Citizenship and Immigration Service (USCIS) recently announced that it will begin the annual disposal of records ten years old or older. For employers, this means permanent disposal of records updated on or before December 31, 2014. As such, employers should understand what this disposal means and how to comply with the USCIS’s requirements.
Why is the USCIS Deleting These Records?
According to the National Archives and Records Administration, the USCIS must permanently remove specific employer records. For example, the USCIS will remove all records ten years old or older. This practice protects the privacy and security of personally identifiable information. The USCIS performs this task every year.
Why Retention Of Records Is Important
The Department of Homeland Justice’s Immigrant and Employee Rights Section regularly audits employer records. These audits often require employers to present documents, such as other E-Verify case identifiers and their resolution status. In such cases, it is crucial to have the information preserved and ready to be presented.
Form I-9 Compliance Requirements
Employers using E-Verify will find it crucial to include specific details with Form I-9s. For example, they should record the case verification number on corresponding Form I-9s. Otherwise, they can enclose the case details page in the associated Form I-9. Maintaining associated E-Verify records alongside their corresponding Form I-9s is critical for compliance and protection in an audit.
When to Take Required Action
The USCIS will begin deleting records older than ten years on January 5, 2025. Should employers need to preserve these records, they can download and save them separately from E-Verify. Otherwise, they will permanently lose access to these purged records. Employers should verify they have the necessary records to maintain compliance, as failure to keep essential documents can lead to significant issues.
Managing E-Verify Data
Employers using paper Form I-9s and the electronic E-Verify system should review their documents to ensure they maintain compliance with the employment eligibility verification regulations. One way to ensure compliance is by downloading and saving important E-Verify Historic Records reports. To ensure compliance, employers can also attach E-Verify case verification numbers or case details to related Form I-9s.
Staying updated with the latest employment eligibility verification regulations can prove challenging, especially during the USCIS’s annual E-Verify purge. As such, many employers rely on an electronic I-9 management system to ensure compliance. This system offers guidance throughout the I-9 process, secure digital storage for Form I-9s and related documentation and an optional E-Verify integration.
Interested in learning more about JDP’s electronic I-9 and E-Verify services? Talk to Sales today.