Beginning January 1, 2015, in compliance with the National Archives and Records Administration’s retention and disposal schedule, all E-Verify transaction records more than 10 years old will be deleted from the system unless there is an ongoing government investigation, prosecution, or litigation. Because of the record disposal, users will no longer have access in E-Verify to cases created prior to December 31, 2004.

In anticipation of the record disposal, E-Verify has created a new Historic Records Report that allows users to create a transaction record of cases that are more than 10 years old. The new Historic Records Report must be downloaded before December 31, 2014. In order to assist users with the process, E-Verify has issued a Fact Sheet and Instructions to Download Historic Records Report in E-Verify. The Forms I-9 for E-Verify enrolled employers must have the E-Verify transaction number listed on the Form I-9 or the E-Verification record attached. If your Forms I-9 are missing this information or you are concerned that this information may be missing, we recommend you download the Historic Records while still able to do so before December 31, 2014.

If your company was not using E-Verify on or before December 31, 2004, there are no records to report and you do not need to download the report. Going forward on an annual basis, E-Verify will continue to delete transaction records more than ten years old and will notify users when each new Historic Records Report is available for downloading.

For companies that have enrolled in E-Verify, it continues to be Foster’s recommendation that they not solely rely on the E-Verify website for their Form I-9 completion and tracking and that they maintain their own independent Electronic I-9 system to ensure that the company’s records are also kept internally. For more information on properly completing the Form I‐9 or changes to the E-Verify program, contact your Foster immigration attorney.