E-Verify Basics for Employers

Ensuring that your workforce is authorized to work in the United States is crucial for employers. One tool that can assist in this process is E-Verify, an online system run by the Department of Homeland Security and Social Security Administration.

In this article, we’ll break down what E-Verify is, how it works, and why it’s crucial for employers to use it correctly.

What is E-Verify?

E-Verify is a voluntary tool that confirms an employee’s eligibility to work in the U.S. by comparing their Form I-9 information to data from the DHS and SSA. It provides an extra layer of security to ensure that only authorized workers are being hired.

Who’s requirement to use E-Verify?

While it is voluntary for most companies, certain federal contractors, subcontractors, and employers in certain states are required to use it. In fact, more than 20 states require E-Verify for certain public and/or private employers. It’s vital for employers to know the laws in their state regarding E-Verify, as penalties for non-compliance can be severe.

Additionally, if an employer wants to hire F-1 students who need an extension of their optional practical training (OPT) under the STEM-designated degree program, they must enroll in E-Verify.

The Process

It is the responsibility of employers to verify their employees’ work authorization. This is done through Form I-9, which establishes eligibility to work in the United States. E-Verify is an additional tool that can be used for added certainty.

To use E-Verify, employers must create an account at https://www.e-verify.gov/employers and enter all relevant employee information from Form I-9. The system then compares this information against the Department of Homeland Security and the Social Security Administration records. Results are usually immediate, but some cases may require further action.

There are six possible outcomes, including “Employment Authorized” and “Tentative No confirmation (TNC).” To ensure proper procedures are followed, employers should consult the E-Verify User Manual for more information.

Consequences if E-Verify is misused

It is important for employers to use E-Verify correctly to avoid facing potential legal issues. Immigration and Customs Enforcement (ICE), the Department of Justice(DOJ), and other agencies may pursue legal action if they suspect fraud, discrimination, or other illegal activities.

In conclusion, E-Verify is a valuable tool for employers to confirm the eligibility of their employees to work in the U.S. While it is voluntary for most companies, certain employers are required to use it. Employers must ensure they follow the proper procedures and know the laws in their state to avoid potential legal issues. By using E-Verify correctly, employers can ensure that their workforce is authorized to work in the U.S. while protecting themselves from potential legal complications.