Employers that use E-Verify must take an important compliance step before January 23, 2026. On that date, U.S. Citizenship and Immigration Services (USCIS) will permanently delete certain older E-Verify records, which could affect an employer’s ability to demonstrate compliance during a Form I-9 audit.
Employers who act now can avoid unnecessary risk and potential penalties later.
Why January 23, 2026 Matters
USCIS has announced that it will conduct its annual purge of E-Verify records on January 23, 2026. Any E-Verify case last updated on or before December 31, 2015 will be deleted from the system.
Once deleted, these records cannot be recovered.
Who Is Affected by This Requirement
This action applies to:
- Employers that voluntarily use E-Verify
- Federal contractors and subcontractors required to use E-Verify
- Employers participating in E-Verify to support F-1 STEM OPT extensions
If your organization has been enrolled in E-Verify for several years, this requirement is especially important.
Why These Records Are Important
Employers using E-Verify have additional record-keeping obligations beyond standard Form I-9 requirements, including:
- Retaining copies of identity and work authorization documents
- Recording E-Verify case verification numbers on Form I-9 or attaching the case details
If these records are missing and cannot be retrieved due to deletion, employers may face challenges during:
- USCIS or ICE audits
- Form I-9 inspections
- Government investigations or subpoenas
What Employers Must Do Before January 23, 2026
Download the E-Verify Historical Records Report
Before January 22, 2026, employers should log into their E-Verify account and download the Historical Records Report.
This report includes:
- Employer name and worksite information
- E-Verify case numbers
- Employee names
- Case creation and resolution dates
- Final case status and closure information
Once downloaded, the report should be saved securely and retained with Form I-9 records.
What Happens If Employers Do Nothing
Employers that fail to download their Historical Records Report will:
- Lose access to E-Verify records that are more than 10 years old
- Be unable to retrieve missing verification numbers
- Face increased exposure during I-9 audits or ICE investigations
In some cases, the inability to produce required documentation may result in civil penalties.
Recommended Compliance Steps
Employers should consider taking the following steps now:
- Identify who manages your E-Verify account
- Confirm administrative access credentials
- Download the Historical Records Report before January 22, 2026
- Retain the report with I-9 documentation
- Conduct a broader I-9 and E-Verify compliance review
Proactive compliance is significantly less costly than responding to an enforcement action.
How NPZ Law Group Can Help
NPZ Law Group works with employers to support:
- Form I-9 and E-Verify compliance reviews
- Audit preparedness and document retention strategies
- Training for HR and compliance teams
- Risk mitigation for government inspections
- Ongoing immigration compliance planning
If your organization uses E-Verify and has questions about this requirement, early guidance can help ensure compliance before records are permanently deleted.
Final Takeaway
January 23, 2026 is a firm deadline for E-Verify employers. Downloading and retaining historical records now can help protect your organization from future compliance issues and unnecessary penalties.
Taking action before the deadline is a simple step that can prevent serious complications later.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information