E-Verify data disposal involves the scheduled removal of outdated employment verification records by USCIS, in accordance with federal guidelines established by the National Archives and Records Administration.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. An E-Verify alert from October 2025 included important implications for employers regarding data disposal, including a deadline of January 4, 2026. This deadline was recently extended to January 26, 2026.
Employer Action Items Before January 26, 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
On January 23, 2026, USCIS will permanently dispose of these records to comply with the 10-year retention limit. 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.
Don’t lose your audit trail! While E-Verify records are disposed of, your requirement to retain Form I-9s remains the same.
