E-Verify is a system that checks the Social Security Administration and Department of Homeland Security (DHS) databases using the information from Section 1 of the I-9 form. Employers initiate the E-Verify query within 3 business days of the start date of employment. Right now, it is only used for newly-hired employees, unless you’re covered by the federal contractor E-Verify rule. The result will either be "Employment Authorized" or "Tentative Non-Confirmation."
I-9 Forms and E-Verify
E-Verify is currently a voluntary system employers can use to check newly-hired employees’ eligibility to work in the U.S. However, if comprehensive immigration reform is passed, there’s a high likelihood that it will include a mandatory E-Verify component. Some companies and individuals, such as federal government contractors, are already required to use it by law, and some states have their own E-Verify laws as well. If you’re operating in multiple states, be sure to check each applicable state’s laws.
There are some differences for both employers and employees in using E-Verify rather than simply using the I-9 form to confirm employment eligibility. For example, when participating in this program, the employee must provide their social security number on the I-9 form and present a photo ID in connection with completion of the I-9 form.
Employers also have to be careful not to create problems for themselves. "As an employer, you want to make sure that if it’s a Tentative Non-Confirmation that you take no adverse action against the employee until there’s a Final Non-Confirmation that’s issued." Shanon Stevenson warned in a recent BLR webinar.
There are other differences as well. Participating employers are required to post the English and Spanish notices provided by DHS to notify prospective employees that the employer participates in the E-Verify system. Participating employers are also required to post the Right to Work Poster. These must be visible where people apply for jobs.
There is also a photo-matching component of E-Verify. It is triggered when the employee presents one of following for the I-9 form documents:
- U.S. Passport or Passport Card
- Permanent Resident Card (I-551)
- Employment Authorization Document (I-766)
Under the E-Verify rules, employers must make a copy of the employee’s I-9 form photo document and retain it with the I-9 form.
For more information on completing I-9 forms and using E-Verify, order the webinar recording of "I-9 Recordkeeping: Completion, Storage, and Other Immigration Compliance Tips." To register for a future webinar, visit http://catalog.blr.com/audio.
Attorney Shanon Stevenson is a partner in the Atlanta office of Fisher & Phillips, LLP and a member of the firm’s Global Immigration Practice Group. She has comprehensive knowledge and extensive experience in a broad range of immigration areas, including advising clients on current immigration legislation, handling nonimmigrant and immigrant visa applications, outbound visas, Export Administration Regulation Deemed Export determinations, and advising employers on I-9 compliance.