With the current Trump administration, compliance enforcement around Form I-9 Employment Eligibility Verification and E-Verify has been tightening and is expected to get tighter. Now is the time to make sure your organization’s processes and documents are in order.
Key Update:
USCIS has announced that E-Verify employers have until January 4, 2026, to download records for cases last updated on or before December 31, 2015. On January 5, 2026, USCIS will permanently dispose of these records that are more than 10 years old.
What Employers Need to Know:
- Program administrators can download a Historical Records Report to retain information about these older E-Verify cases.
- Case data includes company information, case identifiers, and case resolution details.
- Employers must ensure that each Form I-9 has the correct E-Verify case verification number noted, or attach the case details page directly.
- Historical Records Reports should be retained with the corresponding Forms I-9.
E-Verify records are only part of the I-9 compliance process. All employers – even those not enrolled in E-Verify – are required to complete and maintain Forms I-9 for all active employees and for some terminated employees. Immigration and Customs Enforcement’s Homeland Security Investigations continues to conduct I-9 audits by issuing Notices of Inspection to various employers, sometimes based on tips or complaints, and other times on a random basis.
How WR Immigration Can Help You Prepare:
- Internal Audit: Interested in a sample I-9 and E-Verify compliance audit? We can provide templates and review processes to identify risk areas before they become issues.
- Policy & Process Check: With the new administration signaling more stringent enforcement, now is the time to ensure policies, training, and document retention practices are current.
- Direct Guidance: Contact your WR attorney to discuss how these changes may impact your business and what proactive steps you can take.
📌 Don’t wait until 2026. Reach out to your WR attorney today to get ahead of compliance risks.
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