USCIS E-Verify Records Disposal 2026: What EB-3 Employers Must Do Before January 2027

U.S. Citizenship and Immigration Services (USCIS) has announced a mandatory records disposal deadline that directly affects employers who have used E-Verify since before 2017. Under the National Archives and Records Administration retention schedule (N1-566-08-7), USCIS is required to permanently dispose of E-Verify records that are at least 10 years old in order to reduce privacy and security risks associated with retaining personally identifiable information. Employers — including those sponsoring EB-3 workers — have until January 8, 2027 to download the Historic Records Report from all current and historical E-Verify accounts. This report preserves critical case verification data needed to demonstrate compliance during DHS audits, DOJ Immigrant and Employee Rights Section (IER) investigations, or Department of Labor inspections. For EB-3 sponsoring employers, this deadline carries particular weight. Form I-9 records must include the E-Verify case verification number or an attached case details page, and failing to retain these records could create compliance gaps during government audits — which have intensified in 2026. Companies that have undergone mergers or acquisitions must also identify and preserve records from legacy E-Verify accounts tied to acquired entities. USCIS recommends that employers treat this deadline as a broader compliance checkup: confirm all hiring locations are accurately listed in E-Verify, update Memorandum of Understanding (MOU) contact information, and verify that electronic Form I-9 vendors are properly retaining all required E-Verify data fields. Employers using multiple electronic I-9 systems should ensure full data continuity across platforms. Action items for EB-3 sponsoring employers include: downloading the Historic Records Report by January 8, 2027; auditing Form I-9 records for E-Verify case numbers; consulting your I-9 vendor to confirm legacy data retention; and engaging legal counsel if older or inactive E-Verify accounts need to be located or restored.