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Have You Been Using E-Verify for More than 10 Years?

on Tuesday, 13 October 2015 in Labor & Employment Law Update: Sarah M. Huyck, Editor

Effective January 1, 2016, the E-Verify Program will begin deleting transaction records that are more than 10 years old from the system. Employers will no longer have access through the system to any cases created prior to December 31, 2005. Similar to recent initiatives at the US Department of Labor, which began deleting certain records that were over five years old earlier this year, the E-Verify Program is taking this step to comply with the National Archives and Records Administration’s retention and disposal schedule.

The Program has created a new Historic Records Report within the system. If an employer has not kept its own records, the company can download the Historic Records Report but must do so before December 31, 2015. The report will include all transaction records for cases more than 10 years old. While it is a best practice to record the E-Verify case verification number on the Form I-9 to which it relates and/or attach a copy of the query results, the Program also encourages employers to retain the Historic Records Report. A copy can simply be kept with the company’s Forms I-9.

From January 1, 2016 forward, the E-Verify Program will begin to annually delete records that are more than 10 years old. Human Resources should docket a reminder for the end of each December to download its Historic Records Report.

Amy Erlbacher-Anderson

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