Access Exclusive, Trusted HR News & Resources >>> New Professional Members Save $20 Today
We asked HR professionals to tell us about their time in HR. Here are their stories.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Set yourself up for success with virtual SHRM-CP/SHRM-SCP Certification Prep Seminars.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
As of Jan. 1, 2015, employers won’t have access to E-Verify records that were created on or before Dec. 31, 2004.
The E-Verify electronic employment eligibility verification system will delete data more than 10 years old on an annual basis, U.S. Citizenship and Immigration Services (USCIS) announced.
For example, on Jan. 1, 2016, USCIS will dispose of records created on or prior to Dec. 31, 2005, and this process will continue in subsequent years.
The deletion is being conducted to comply with the National Archives and Records Administration’s retention and disposal schedule to minimize security and privacy risks.
“Employers that have been participating in the program since Dec. 31, 2004, should take measures to archive their data,” said Kevin Lashus, managing shareholder of the Austin, Texas, office of Jackson Lewis and president of the Society for Human Resource Management Austin Chapter.
USCIS has created a Historic Records Report that users can download and save for archival purposes, however, this report will only be available until Dec. 31, 2014, so users should download the report before then.
USCIS recommends that employers retain the Historic Records Report with any corresponding Forms I-9.
The agency itself will retain E-Verify records associated with any current ongoing investigations and employers should prepare for that possibility, Lashus said.
However, an employer that must undergo an I-9 audit or finds itself under investigation in the future “can claim as an affirmative defense that it successfully received a work authorized result for a new hire for one who is now identified as unauthorized. Once USCIS has disposed of the E-Verify records, the employer has only its own archives to support its defense,” Lashus said.
Employers should consider seeking guidance from counsel on downloading the Historic Records Report from E-Verify and plan on doing so at the end of each calendar year, he said.
Roy Maurer is an online editor/manager for SHRM.
Follow him at @SHRMRoy
SHRM Online Global HR page
Keep up with the latest Global HR news
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Let Your HR Department Really Shine
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 3,200 companies