Hiring new employees involves a lot of paperwork and verification. Confirming employment eligibility is an important step in ensuring a legal and secure workforce. As employment regulations become more stringent, organizations across the United States increasingly rely on tools like E-Verify to ensure compliance with federal employment eligibility laws.  

This article discusses the E-Verify program and how it impacts employers and employees.

What is E-Verify?

E-Verify is an online system run by the U.S. government that allows employers to confirm the eligibility of their employees to work in the United States. Managed by the U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA), E-Verify is a critical tool in the battle against unauthorized employment. It compares information from an employee's Form I-9, Employment Eligibility Verification to records available in government databases, including the SSA and Department of Homeland Security (DHS).

Initially launched as a pilot program in 1996, E-Verify became a fully operational program in 2007. As of 2023, it is used by nearly 1 million employers at over 2.4 million hiring sites.  

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How to Enrol in E-Verify?

Enrolling in E-Verify is a straightforward process that involves several key steps for employers. Here’s a quick overview:

Visit the Enrollment Website and Accept Terms: Access the E-Verify enrollment website and agree to the terms to begin.

Set Up the Enrollment POC Account: Choose the appropriate account access method based on your company’s needs.

Determine Your Account Access: The four access methods are employer, E-Verify employer agent, corporate administrator, and Web services.

Select Your Employer Category: Identify if your company is a federal contractor or government organization.

Enter Company Information: Input essential company details, including EIN, address, and employee count.

Provide Hiring Site Information: Specify which hiring sites will participate in E-Verify.

Register Program Administrators and MOU Signatories: Assign at least one program administrator to manage your company’s E-Verify use.

Review Information: Double-check the information provided to ensure accuracy.

Review and Agree to the Memorandum of Understanding (MOU): Agree to the Memorandum of Understanding, outlining your responsibilities.

Print the Signed MOU: Print the signed MOU for future reference and distribution to relevant staff.

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How Does E-Verify Work?

Here’s how the program functions:

Employee Completes Form I-9: The E-Verify process begins when a new hire completes Form I-9. The employer then inputs the employee’s information from this form into the E-Verify system.

Comparison with Government Databases: E-Verify checks the data provided on the I-9 against records in the SSA and DHS databases, including immigration status and work eligibility.

Verification Results: Employers receive the verification results, which can be classified as follows:

• Employment Authorized: The employee’s information matches the records, confirming their employment eligibility.

• Pending Verification: DHS needs more time to complete the verification process.

• Tentative Nonconfirmation: There’s a mismatch between the provided information and the records, requiring further action.

• Case in Continuance: The employee has contacted DHS or SSA, but additional time is needed to resolve the case.

• Close Case and Resubmit: DHS or SSA requires the employer to close the case and submit a new one, often due to incorrect information like a passport or driver’s license number.

• Final Nonconfirmation: After investigation, DHS or SSA cannot confirm the employee’s employment eligibility.

What Information Does E-Verify Review?

E-Verify reviews information provided on an employee’s Form I-9. Specifically, it checks the following details:

• Name
• Date of Birth
• Social Security Number (SSN) (if applicable)
• Immigration status or employment authorization
• Document information such as passport or Permanent Resident Card numbers (if provided)

Who Uses E-Verify?

While federal law does not mandate the use of E-Verify for all employers, many companies choose to participate voluntarily. However, in certain industries, such as federal contractors, participation in E-Verify is required. Additionally, several states have passed legislation making E-Verify compulsory for all employers or specific industries within the state. In states such as Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah is mandatory for all or most employers to E-Verify.

Why Should Employers Use E-Verify?

E-Verify offers several advantages for employers:

• Compliance with Federal and State Laws: E-Verify helps employers comply with immigration and employment laws. It can also protect businesses from penalties associated with hiring unauthorized workers.

• Accurate and Quick Verification: E-Verify provides real-time confirmation of work eligibility, allowing employers to quickly verify their workforce’s legal status.

• Safe from Anti-Discrimination Claims: Using E-Verify ensures that employers do not unlawfully discriminate against employees based on citizenship status.

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Despite its benefits, E-Verify is not without limitations. Some common criticisms of the system include:

• Data Mismatches: E-Verify relies on the accuracy of government databases. If an employee's records contain incorrect information, they may receive a TNC, even if they are authorized to work. This can lead to unnecessary delays and stress.

• Not Mandatory Nationwide: While many states and industries mandate its use, E-Verify is not yet required for all U.S. employers. This means that not all workers are verified through this system.

• Limited Scope: E-Verify only verifies work eligibility and cannot detect fraudulent documents, which could potentially allow unauthorized workers to bypass the system.

Remote I-9 Verification for E-Verified Employers

In July 2023, the DHS introduced a new flexible option for employers using E-Verify to verify their employees’ Form I-9 documentation remotely. This change allows employers to complete the I-9 employment eligibility verification process without requiring in-person document reviews. Instead, employers can conduct these verifications using live video calls as part of a more streamlined and modern approach.

This live video verification option simplifies the hiring process, especially for businesses with remote workers or those operating in multiple locations. It eliminates the need for employees to present their documents physically, making the verification process faster and more convenient. Employers must retain copies of all documents used for remote verification for future reference and compliance checks. These copies should be available upon request during an audit or inspection.

How to Check if a Company is E-Verified?

To find out if a company is E-Verify compliant, one can:

Ask the employer directly if they participate in E-Verify. Many employers voluntarily disclose their participation in the program.

Check for an E-Verify Participation Poster, which all enrolled companies must display prominently at their worksite to inform employees and job applicants.

Search the E-Verify Employers page on the E-Verify website for a list of enrolled companies. This database provides the company name, location, and whether they participate in E-Verify.

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Note: While an employer’s presence in the E-Verify database indicates their participation in the program, it does not guarantee that the company complies with all employment laws. Employers are still responsible for ensuring they adhere to all legal requirements during the hiring process.  

What is an E-Verify Desk Review?

An E-Verify Desk Review is a compliance check conducted by the Department of Homeland Security to ensure that employers enrolled in E-Verify follow proper procedures when verifying their employees’ work eligibility. During a desk review, the DHS examines records and documentation provided by the employer to ensure they are meeting their obligations under the MOU, which outlines how E-Verify must be used. These reviews are part of the DHS's effort to maintain the integrity of the E-Verify program and ensure employers comply with federal hiring laws​.  

Summing Up

E-Verify is a crucial online system that helps U.S. employers confirm the work eligibility of their employees by comparing data from Form I-9 against government records in DHS and SSA databases. It offers a secure, real-time solution for companies to comply with employment verification laws. The system particularly benefits businesses seeking to streamline their hiring process and prevent unauthorized employment. With recent updates such as remote I-9 verification for E-Verify employers and an easy enrollment process, it’s become an invaluable tool for ensuring regulatory compliance.

OnBlick offers comprehensive E-Verify web services to streamline the employee verification process for businesses. These services seamlessly integrate with the E-Verify system, simplifying the process by providing a single, unified system where all case management tasks are handled. Discover how OnBlick can streamline your E-Verify process - schedule a demo today to see it in action.

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