If you're an employer using E-Verify, knowing how to handle the yearly disposal of your records is key to staying compliant and keeping private info safe. In this blog, we'll walk you through the key points of disposing of your E-Verify records so you're ready to manage them smoothly and securely.

What is E-Verify?

E-Verify is an online tool that helps businesses check if their employees are legally allowed to work in the United States. Run by U.S. Citizenship and Immigration Services (USCIS), it matches details from a worker’s Form I-9 with data from both the Department of Homeland Security (DHS) and Social Security Administration (SSA). This simple step assists companies in confirming they’re hiring eligible workers, ensuring compliance with legal requirements.

The Importance of Record Management

Managing E-Verify records properly isn't just a smart move; it's the law. Employers need to keep these records handy for compliance reasons and in case of audits. According to USCIS guidelines, employers should annually dispose of any E-Verify employer records that are ten years old or older, as per the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) established in 2008. 

Understanding the Disposal Process

Every year, USCIS gets rid of E-Verify records that are ten years old or older. For example, on January 6, 2025, they'll delete any records last updated before December 31, 2014. This yearly clean-up is meant to reduce security and privacy risks associated with retaining personally identifiable information (PII) and to ensure that employers are not holding onto outdated records unnecessarily.

Key Dates to Remember

1.      January 5, 2025: Last date for employers to download and save records for E-Verify cases last updated on or before December 31, 2014.

2.      January 6, 2025: USCIS will dispose of these records.

Steps for Employers to Prepare for Disposal

To maintain compliance and keep essential records, employers should adhere to the following steps:

Download the Historic Records Report:  Your company's program or corporate administrator needs to download and save the Historic Records Report from E-Verify. This report contains important details including:  

• Company name and location 
• Initiated date and verification case number 
• Employee name and date of initial resolution 
• Date of additional resolution and final status 
• Case closure date and case closure description 

 Annotate Forms I-9:  Employers need to keep record of all E-Verify case numbers by either saving a digital version or printing them and then matching each one with the correct Form I-9 to verify employment eligibility. This approach guarantees that all records related to verifying employment eligibility are connected and easily accessible.
Conduct Regular Audits:  Conduct regular audits of your E-Verify records to determine which documents can be discarded and which ones should be kept.

Best Practices for Record Management

To ensure compliance and simplify the disposal process, consider implementing these best practices:
Establish a Record Retention Policy: Develop a straightforward policy that details the retention periods for various types of records and specifies their disposal timelines.
Utilize Technology:  Utilize digital storage options and automation tools to efficiently monitor record updates and stay on top of compliance deadlines.
Train Your Staff:  Make sure everyone involved knows how to use E-Verify and understands why it's important to follow rules for keeping records safe and disposing of them properly.

Common Mistakes to Avoid

Employers frequently encounter a few typical pitfalls when it comes to handling the disposal of E-Verify records.
Failing to Download Records:  One big mistake is not saving your files before the disposal deadline. Make sure everyone on your team knows when the deadlines are coming up so they can act quickly.
Misunderstanding Retention Requirements: Employers need to know how long they should keep certain records and what rules they must follow. This helps them steer clear of any fines or issues down the road.

Conclusion

In conclusion, getting rid of E-Verify employer records each year is important and needs to be handled well. By knowing what's needed and following smart guidelines, employers can stay in line with the rules, safeguard sensitive data, and steer clear of legal troubles.
As the January 5, 2025 deadline gets closer, make sure you download and save your E-Verify records. For more help, check out official USCIS resources so you're up-to-date on any changes in E-Verify rules.