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How and when to store employment-eligibility records

March 7, 2018
2:10 PM

Act now if your agency relies on E-Verify to store workers’ employment-eligibility records. The U.S. Citizenship and Immigration Services (USCIS) disposes of E-Verify records – to include employees’ Form I-9s – that are 10 years or older annually on March 31. As such, employers are encouraged to download and save impacted Historic Records Reports.

The Form I-9 is used to determine an employee’s eligibility to work in the United States. All U.S. employers are responsible to verify the employment eligibility and the identity of all employees* hired to work in the country after Nov. 6, 1986.

Employers may destroy a former worker’s employment-eligibility records one year after termination or three years after the date of hire – whichever is later. The USCIS offers a calculator to determine how long an employee’s Form I-9 should be retained.

* Beyond hiring an employee before Nov. 7, 1986, there are a few other cases when employers need not have an I-9 on file. Exceptions can apply to independent contractors, certain contracted workers and individuals providing sporadic domestic services in a private household. Learn more from our Q&A on the topic.