In 2026, employers using E-Verify must ensure compliance with updated Form I-9 procedures, including a critical deadline to download and save Historical Records Reports for cases updated on or before Dec. 31, 2015, by Jan. 22, 2026. All employers must use the latest Form I-9, featuring revised wording, and note E-Verify numbers on the form, while adhering to state-specific mandatory usage rules.
Key 2026 E-Verify and I-9 Requirements
- Records Disposal Deadline: USCIS will destroy E-Verify records over 10 years old (those last updated on or before Dec. 31, 2015) on January 23, 2026. Employers must download the Historical Records Report from E-Verify to retain this data.
- Form I-9 Updates (2026 Edition): Employers must use the current Form I-9, which includes updated language in Section 1 (e.g., “An alien authorized to work”) and revised List B document descriptions.
- Remote Examination Procedure: Employers enrolled in E-Verify may use the permanent alternative procedure for remote document examination (via video call) but must retain copies of all documents.
- Mandatory Usage: E-Verify is mandatory for federal contractors and in several states for various employers (e.g., AZ, UT, FL, SC).
- Record Retention: E-Verify case verification numbers must be recorded on the corresponding Form I-9.
- Prohibition on Pre-screening: E-Verify must not be used to pre-screen applicants; it is only for new hires after the I-9 is completed.
Action Required
Before January 23, 2026, ensure all older case records are downloaded and stored, and confirm all new hires are processed using the correct, current Form I-9 edition to maintain compliance