REMINDER: Employers Using E-Verify Must Act Before January 8, 2027, Records Disposal

By Saraiyah Zigler - Skoler Abbott P.C.

October 29, 2026

USCIS is once again preparing to dispose of older E-Verify records effective January 8, 2027. Employers using E-Verify need to add this deadline to their calendars and take appropriate action before then.

Why It’s Important

E-Verify is a free, easy-to-use web-based system that allows 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.

For example, employers that do not use E-Verify are not required to keep copies of documents used for Form I-9 purposes (i.e., identity documents, employment authorization documents, etc.), but employers using E-Verify are. Additionally, employers using 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 that employee’s Form I-9. If employers have not followed this process, they can log in to the E-Verify system and obtain this information, but certain records will be destroyed after January 8, 2027.

It is important to download historical E-Verify records because employers may need them after the government deletes them. These records can help employers preserve compliance documentation, prepare for audits or investigations, and maintain records when access to E-Verify accounts changes between management teams.

Here Is What You Need to Know

Employers need to download their Historical Records Report from E-Verify before January 8, 2027, and maintain the report with their Forms I-9. This is the deadline for all employers to download the Historical Records Report. Information on how to download the report can be found here. On January 11, 2027, USCIS will dispose of E-Verify records for cases last updated on or before December 31, 2016 (cases more than 10 years old).

Failing to maintain historical E-Verify records can lead to difficulty in showing that verification was completed for a particular employee. Additionally, employers may not be able to adequately respond to an audit, investigation, or request for historical verification information.

Time is of the essence, and you should not wait until January 8, 2027, to undertake this process. Employers that use E-Verify can also treat the upcoming disposal as an opportunity to review their historical employment-verification records, ensuring compliance with all legal requirements. Taking these steps now can help ensure that records remain available after USCIS disposes of the underlying E-Verify records and that your practices are legally compliant.

If you have any questions about this process or your Form I-9 obligations, you should speak with experienced labor and employment counsel. 

www.skoler-abbott.com