Employers Using E-Verify Must Take Action Before January 23, 2026

By Amelia J. Holstrom - Skoler Abbott P.C.

January 8, 2026

On January 23, 2026, United States Citizenship and Immigration Services (“USCIS”) will conduct its annual destruction of all E-Verify records last updated on or before December 31, 2015. Employers must take action to ensure that they retain all information to comply with Form I-9 requirements. Here is what you need to know.

What is E-Verify?

E-Verify is a free, easy-to-use web-based system that enables participating employers to electronically verify the employment eligibility of their employees. While any employer may use E-Verify, federal contractors and subcontractors are required to use E-Verify.  Additionally, employers seeking to employ individuals with an F-1 OPT STEM extension must utilize E-Verify.

Employers utilizing E-Verify must also take certain steps that are not required of other employers.  Specifically, although employers who do not use E-Verify are not required to keep copies of documentation used for the Form I-9 (i.e. identity documents, employment authorizations, etc.), employers utilizing E-Verify are required to keep copies of those documents.  Additionally, employers utilizing E-Verify must document the E-Verify case verification number on the applicable Form I-9 or attach a copy of the E-Verify work authorization case page to the applicable Form I-9 for the employee.  If an employer has not followed this process, it can log in to the E-Verify system and obtain this information.

What to do before January 23, 2026?

On January 23, USCIS will delete all E-Verify records last updated on or before December 31, 2015.  As a result, it is imperative that an employer’s E-Verify program or corporate administrator download and save their Historical Records Report on or before January 22, 2026. This report will allow an employer to retain all E-Verify case information, including but not limited to, employer name and location, E-Verify verification case numbers, employee names and dates of initial and any subsequent resolutions, final status, and the case closure date. 

What are the Consequences?

Employers who do not download their Historical Records Report will no longer be able to access records that are 10 or more years old after January 22.  Employers who have failed to record the E-Verification number on an employee’s Form I-9 or attach a copy of the E-Verify work authorization case page to the I-9 will no longer be able to access this information for some employees after this date, which could lead to steep penalties if USCIS conducts a Form I-9 audit at that employer or ICE requests or subpoenas the Form I-9s.

Next Steps?

Employers should download a copy of their Historical Records Report in E-Verify on or before January 22, 2026.  Instructions for downloading the Report can be found here. Employers should also retain a copy of that Report with their I-9s.  As always, if you have any questions about this process or your Form I-9 obligations, you should speak with experienced labor and employment counsel. 

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