E-Verify Compliance: Record Disposal and Retaining Copies of Identification

E-Verify Compliance: Record Disposal and Retaining Copies of Identification

This post contains important details regarding the E-Verify system. We receive frequent questions from employers regarding E-Verifywhich forms of identification should be copied and retained in conjunction with a Form I-9 completion when participating in the E-Verify system. We hope the below information clears up any confusion.

Retaining Copies of Employee Identification, and E-Verify

Most employers have a policy in which they do or do not keep copies of forms of identification from a Form I-9 during the hiring/employment process. The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. Please see our previous blogs covering E-Verify and Form I-9 by clicking either of the buttons below (any additional questions that you might have, may be addressed in these posts):

FORM I-9 INFORMATION

E-VERIFY INFORMATION

E-VERIFY QUICK REFERENCE GUIDE

Employers Must Remain Compliant – What’s Your Policy?

You do need to make photocopies and retain them if the employee presents one of the following, and you participate in E-Verify.:

  • Passport
  • Passport Card
  • Permanent Resident Card
  • Employment Authorization Documents (EADs)

You must make copies of these documents to be compliant.

Detailed Reminders

  • Employees always have a choice of which acceptable documents to present for Form I-9; you may not require workers to present documents that activate photo matching.
  • Copies must be made of all US Passports, Passport Cards, Permanent Resident Cards (Form I-551) and EADs (Form I-766) presented by employees and must be retained with Form I-9.
  • Enter the employee’s email address if provided on Form I-9.
  • The photo will display automatically in E-Verify during the verification process.
  • Only compare the employee’s Form I-9 photo document to the photo displayed in E-Verify.

E-Verify Record Disposal – Time is Running Out!

The following information was received from USCIS on 11/9/15

Have you been using E-Verify more than 10 years?

If yes, please download the new “Historic Records Report” before Dec 31, 2015

Effective January 1, 2016, E-Verify transaction records more than 10 years old will be deleted from the system. You will no longer have access in E-Verify to cases you created prior to December 31, 2005. E-Verify is taking this action to comply with the National Archives and Records Administration’s retention and disposal schedule.

E-Verify has created a new Historic Records Report. If you want a record of your cases that are over 10 years old, you must download the new Historic Records Report before December 31, 2015. The report will include all transaction records for cases more than 10 years old. You will find instructions to download the report when you log into E-Verify. The report is only available until December 31, 2015.

It is a best practice to record the E-Verify case verification number on the relating Form I-9. Employers are encouraged to also retain the Historic Records Report with the Forms I-9.

If you were not using E-Verify on or before December 31, 2005, you need not download the report. There will be no records to report.

Will E-Verify delete records annually?

Yes, E-Verify will delete transaction records more than 10 years old annually. 

Employers will be advised each year when the Historic Records Report is available for downloading.

For more information and guidance on downloading see:

FACT SHEET

INSTRUCTIONS TO DOWNLOAD HISTORIC RECORDS REPORTS IN E-VERIFY

E-Verify Webinar

See upcoming webinar dates by clicking on the button below, and plan to attend the E-Verify for Existing Users webinar on Monday, November 16, 2015 at 4:00 PM ET or Wednesday, November 18, 2015 at 2:00 PM ET to learn about the latest enhancements, how to handle a TNC, common user mistakes and more.

E-VERIFY WEBINAR

More E-Verify Questions? Let’s Talk.

Fill out the Contact FosterThomas form to the right of this post, or call us at 800.372.3626. Our HR Compliance Experts are here to help.

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About the Author

FosterThomas is a leading professional services company that provides solutions in the areas of Human Resources Consulting and Outsourcing, HR Staffing, Outsourced Recruiting, Employee Benefits Brokerage, Payroll Implementation and Services, HR for Government Contractors, Business Insurance, HR Compliance and Risk Management. We help organizations by providing solutions designed with a focus on cost containment strategies and increasing HR efficiency. FosterThomas HR Consulting was established in 1993 with offices in Annapolis, Maryland (Corporate), McLean, Virginia and Raleigh, North Carolina. Today, FosterThomas occupies a unique position as a full service provider of HR services.

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