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Beginning next year, employers who use E-Verify will no longer have access to records that are more than 10 years old.
On Jan. 1, E-Verify records created before Dec. 31, 2004 will be permanently deleted from the database. Employers who want access to these older records must download the new Historic Records Report before Dec. 31, 2014. The report will not be available after Dec. 31. Employers who began using E-Verify after Dec. 31, 2004 will not have any records in the report and do not need to download the report.
E-Verify records will be deleted at the beginning of each year after they turn 10 years old and employers will be reminded to download the new Historic Records Report before the end of the year. The instructions on how to download reports can be viewed here.
U.S. Citizenship and Immigration Services is adopting the document deletion policy to minimize privacy risks associated with retaining individuals’ personal information. National Archives and Records Administration policies require that records more than 10 years old be deleted.
BAL Analysis: Employers who want access to E-Verify records that are more than 10 years old must download the report before Dec. 31. Employers should also follow best practices by recording the E-Verify verification number on the appropriate I-9 Form and keep the Historic Records Report with the I-9 Form.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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