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U.S. Citizenship and Immigration Services (USCIS) announced that E-Verify employers have until January 8, 2027, to download records for cases last updated on or before December 31, 2016. USCIS will then permanently dispose of those records. The announcement does not affect employers that enrolled in 2017 or later until next year’s disposal cycle, but pre-2017 employers should act now to avoid gaps during audits or Form I-9 system transitions.

Why Is USCIS Disposing of Pre-2017 E-Verify Records?

Short answer: USCIS must do so. Under the National Archives and Records Administration retention schedule (N1-566-08-7), USCIS disposes of E-Verify records at least 10 years old to reduce the security and privacy risks of retaining personally identifiable information.

Why Does This Matter for My Company?

Audit Preparedness: During a Department of Homeland Security audit, a Department of Justice Immigrant and Employee Rights Section (IER) investigation, a Department of Labor request, or a state inspection, employers may need to produce E-Verify records. The Historic Records report preserves key company, case, and resolution data needed to demonstrate compliance.

Compliance with Form I-9 Requirements: Employers must record the E-Verify case verification number on the corresponding Form I-9 or attach the E-Verify case details page. Retaining the Historic Records report with Form I-9 records helps document compliance.

Electronic Form I-9 Systems and Historical E-Verify Accounts: Companies transitioning from paper Forms I-9 or using multiple electronic systems must retain records across current and historical E-Verify accounts. Companies should:

  • Assign E-Verify oversight to a responsible person – typically the company’s Form I-9 point of contact – to maintain account access, update the E-Verify Memorandum of Understanding (MOU), and compile and review compliance reports.
  • Confirm access to all current and historical E-Verify accounts. To identify older accounts, consult long-tenured personnel, use E-Verify’s company search tool, or contact E-Verify for help locating accounts and restoring access. Experienced counsel can assist with that process.
  • Preserve E-Verify information when digitizing paper Forms I-9 or changing electronic Form I-9 vendors. Ensure all records and reportable data fields transfer to the new system; vendors can generally store scanned records and migrate data needed for integrated reporting.
  • Verify that your electronic Form I-9 system stores (and can report out on) all E-Verify case data. If uncertain, ask your vendor to confirm retention and, if data is missing, discuss recovering it from your USCIS web services E-Verify account.
  • Mergers, Acquisitions, and Legacy Entities: Companies should identify E-Verify accounts associated with acquired entities or legacy subsidiaries. Historical E-Verify records may reside in accounts that are no longer actively used but remain relevant for Form I-9 retention, audits, government investigations, or due diligence activities. Once identified, employers should download and preserve any required E-Verify records, evaluate applicable retention obligations, and determine whether inactive accounts should be maintained or formally terminated.

Other E-Verify Compliance Considerations

Use this as an opportunity to review and update E-Verify account information. Many employers have not reviewed their E-Verify profile information in years. As part of the record-retention process, employers should confirm that all hiring sites and employer locations are accurately reflected in E-Verify. Employers should also verify that information associated with their E-Verify Memorandum of Understanding (MOU) remains current, including points of contact, program administrators, corporate contact information, hiring locations, and employee-count information. Keeping account information current can help avoid compliance issues, facilitate audits, and reduce administrative challenges during future system changes. This review may be particularly timely as USCIS continues to place greater emphasis on employer location data and related account information.

What Should My Company Do?

Download the Historic Records Report: By January 8, 2027, program administrators should download and retain the report, which contains the case data needed to document compliance.

  • This may require locating inactive historical accounts, restoring access, and downloading a report from each account. Employers should also use this process as an opportunity to confirm that E-Verify account information, including hiring locations, points of contact, program administrators, and other information maintained in the E-Verify MOU, remains current and accurate.

Review Your Forms I-9: Confirm that each Form I-9 includes the E-Verify case verification number or an attached case details page.

Consult Your Vendor: Confirm that your electronic Form I-9 provider retains required data, including older E-Verify records, and consider asking it to obtain and store a backup Historic Records report.

Companies using this opportunity to review E-Verify practices, reconcile historical accounts, assess recordkeeping gaps, or update E-Verify account information may wish to conduct that review with experienced compliance counsel and, where appropriate, under privilege. These steps can help protect the company during audits, government investigations, and Form I-9 system transitions.

For more information, please contact the authors, Dawn M. Lurie and John Mazzeo, or your Seyfarth relationship partner. Seyfarth’s Immigration Compliance & Investigations specialty group is nationally recognized as a leader in the field, providing strategic, practical guidance to employers of all sizes, from Fortune 100 companies to emerging and growing businesses, across the full spectrum of immigration compliance matters.

The group advises on Form I-9 and E-Verify compliance; ICE inspections and worksite enforcement matters; internal immigration assessments and Form I-9 audits; DOL immigration-related wage and hour investigations; H-1B compliance; DOJ IER and OCAHO anti-discrimination matters, including enforcement actions involving allegations that U.S. workers were disadvantaged in favor of foreign workers; and deemed export and ITAR compliance issues. The team combines deep immigration compliance and investigations experience with Seyfarth’s nationally recognized labor, employment, and litigation capabilities. For timely updates on immigration developments, subscribe to Seyfarth’s immigration blog, Through the Immigration Lens.