Latest I-9 Inspection Update, Retention Requirements on E-Verify Records

Latest I-9 Inspection Update

US Immigration and Customs Enforcement (ICE) has quietly updated its Form I-9 inspection guidance for the second time this year. The August 31, 2026 update to the Form I-9 Inspection Under Immigration and Nationality Act § 274A Fact Sheet does not change the substantive and technical violation framework announced earlier this year, but it offers useful insight into how ICE intends to conduct audits, calculate penalties, address work authorization issues discovered during inspections, and evaluate electronic Form I-9 systems. 

Employers should use this update as an opportunity to review their Forms I-9, electronic compliance systems, audit-response procedures, and overall compliance strategy before an inspection occurs.

Seyfarth:
Forms, Fines, and Functionality: What ICE’s Latest I-9 Inspection Update Means for Employers

USCIS Retention Requirements on E-Verify Records

US Citizenship and Immigration Services (USCIS) announced that E-Verify employers have until January 8, 2027, to download records for cases last updated on or before December 31, 2016. USCIS will then permanently dispose of those records. 

The announcement does not affect employers that enrolled in 2017 or later until next year’s disposal cycle, but pre-2017 employers should act now to avoid gaps during audits or Form I-9 system transitions.

Seyfarth:
More Than a Download: Using USCIS’s E-Verify Records Disposal Deadline as a Compliance Checkup