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Regulatory Update: What Employers Must Do for the E-Verify Data Disposal Alert

Published: October 22, 2025 by Legislative Update

E-Verify data disposal involves the scheduled removal of outdated employment verification records by USCIS, in accordance with federal guidelines established by the National Archives and Records Administration. These records, which are retained for 10 years from their initial submission, are deleted to minimize privacy risks, streamline system performance, and ensure compliance with government data retention policies. A recent E-Verify alert has important implications for employers regarding data disposal.

Employer Action Items Before January 4, 2026

  • Download Historical Records Report
    Employers must retrieve the E-Verify Historical Records Report for cases last updated on or before December 31, 2015. This report includes:
    • Company name and location
    • Case verification number
    • Employee details
    • Case resolution and closure dates
  • Retain Records with Form I-9
    For each employee, retain the E-Verify case information alongside their Form I-9. You can do this by:
    • Recording the E-Verify case verification number on the Form I-9
    • Or printing and attaching the case details page to the Form I-9
  • Act Before the Disposal Date
    After January 4, 2026, these records will be permanently deleted from the E-Verify system. Employers will no longer be able to access them.
  • Review Internal Policies
    Ensure your HR and compliance teams are aware of the disposal timeline and have procedures in place to download and store the necessary records securely. These steps help maintain compliance with federal employment verification requirements and protect your organization during audits or legal reviews.

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The Experian Employer Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.