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Employers using E-Verify must act before January 8, 2027, records disposal

December 2026 employment law letter
Authors: 

Saraiyah Zigler, Skoler, Abbott & Presser, P.C.

U.S. Citizenship and Immigration Services (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 it. Additionally, employers seeking to employ individuals with an F-1 optional practical training (OPT) science, technology, engineering, and mathematics (STEM) extension must use E-Verify.

For example, employers that don’t use E-Verify aren’t 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 each employee’s Form I-9. If you haven’t followed this process, you can log into the E-Verify system and obtain this information, but certain records will be destroyed after January 8.

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