What is E-Verify?
E-Verify is an online system administered by the US Citizenship and Immigration Services (USCIS) that helps employers confirm an employee’s eligibility to work in the US by matching the employee’s Form I-9 information to Department of Homeland Security (DHS) and Social Security Administration (SSA) records.
Once an employer submits an employee’s information, the system can immediately return one of several results including:
- Employment Authorized - the employee’s information matched available records and is authorized to work in the US;
- Verification in Process - case was referred to DHS for further verification; and
- Tentative Nonconfirmation (TNC) – information did not match DHS and/or SSA records and additional action is required.
Who is Required to Use E-Verify?
E-Verify is generally a voluntary program. However, certain employers may be required to enroll in E-verify:
- Federal contractors or subcontractors with contracts containing the Federal Acquisition Regulation (FAR) E-Verify clause. Employers who are federal contractors or subcontractors should check the language of their contracts to determine if they are subject to E-Verify as a condition of the contract.
- State law - some states have required employers to use E-Verify; however, Hawaii has not enacted such a law. In Hawaii, employers who are not required to use E-Verify may still enroll voluntarily.
- Legal ruling - in some instances, employers may be required to participate in E-Verify as a result of a legal ruling.
- STEM OPT Extension - employers who want to employ foreign STEM workers on an F-1 visa for an additional 24 months of optional practical training (OPT) must be enrolled in E-Verify.
Should I Voluntarily Enroll in E-Verify?
According to the USCIS, “E-Verify is currently the best means available for employers to verify electronically the employment eligibility of their newly hired employees. E-Verify protects jobs for authorized workers and helps employers maintain a legal workforce.”
Using E-Verify may help protect employers from civil and criminal penalties relating to hiring unauthorized workers creating a rebuttable presumption that the employer has not knowingly employed an unauthorized worker in violation of INA section 274A(a)(1)(A).
Since E-Verify checks information against SSA and DHS databases, it can also help eliminate Social Security mismatch letters.
However, E-Verify is not without its drawbacks. The system has been known to generate false non-confirmations, which could potentially put an employer at risk. While it is a free service, it does require some time to learn and use consistently. It may also expose an employer to additional audits by immigration agencies, though is not supposed to have an impact on I-9 audits.
Employers should weigh the pros and cons before voluntarily enrolling in E-Verify and before engaging in the activities mentioned above that would trigger a requirement to enroll.
For more information about E-Verify, visit www.e-verify.gov.