Hey, Warriors and Bosses!
As an employer, staying compliant with federal regulations is crucial for protecting your business and your employees. A recent change from the U.S. Citizenship and Immigration Services (USCIS) regarding E-Verify records has significant implications for all businesses using this system. This update not only affects your record-keeping practices but also emphasizes the importance of timely action to avoid potential compliance issues.
Understanding the Recent Change
On October 7, 2024, the USCIS issued a critical reminder to all employers using E-Verify: records that are over 10 years old will be destroyed on January 6, 2025. This means that if your E-Verify records date back to before January 6, 2015, you must take action now to download and save these records before they are permanently deleted.
The Significance of E-Verify Records
- Compliance Documentation: E-Verify records serve as essential documentation for verifying the employment eligibility of your employees. Losing these records could jeopardize your ability to demonstrate compliance during audits.
- Legal Protection: Maintaining accurate records protects your business from potential legal action. If there are any disputes regarding an employee’s eligibility, having accessible records can substantiate your claims.
- Responsibility of Employers: It is your responsibility as an employer to ensure that all records are kept in accordance with federal guidelines. Failing to do so can lead to penalties and fines.
Action Items for Employers
Here are some practical steps you can take to prepare for the upcoming changes:
- Review Your Records: Take time to assess your current E-Verify records. Identify which records will be affected by the upcoming destruction date.
- Download Essential Records: Make sure to download any records that are over 10 years old before the January 5, 2025 deadline. This will ensure you retain necessary documentation for your files.
- Update Your Record-Keeping Practices: Consider implementing a more structured approach to managing your E-Verify records to avoid future compliance issues.
- Educate Your HR Team: Ensure that your HR team is aware of these changes and understands the importance of record retention and compliance.
The USCIS’s decision to destroy E-Verify records that are over ten years old underscores the importance of proactive compliance management. As an employer, it’s essential to stay informed about changes in HR compliance and take necessary actions to protect your business. Don’t wait until the last minute—review your records today and ensure you’re prepared for the January 5, 2025 deadline.
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Be Audit-Secure™!
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
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