Overview: Employers can ensure that they have an authorized workforce by participating in E-Verify, which allows employers to electronically verify the information provided by new employees on the Form I-9. E-Verify creates a presumption (although it can be refuted) that the employer has not knowingly hired an unauthorized foreign national. It is a voluntary program except where required by state law or by the federal contractor rule.
The use of E-Verify is on the rise. In fact due to the sheer volume of employers using E-Verify, the United States Citizenship and Immigration Services (USCIS) launched a forum for its users where they can submit and discuss ideas which the USCIS will evaluate in order to make any improvements to E-Verify.
Further, the USCIS continually enhances the E-Verify system. For example, the USCIS released revised Memorandums of Understanding (MOUs) for E-Verify browser users and new MOUs for users accessing E-Verify through web services, which are customized to each type of E-Verify access method and are simpler to read and understand. Further, it instituted security measures to help prevent identity fraud during the E-Verify process and streamlined the E-Verify process by combining and replacing the tentative nonconfirmation notice and referral into one document entitled a further action notice.
Trends: Employers are increasingly using E-Verify to assist them with the verification process. In fact, in January 2014 E-Verify hit a milestone of over a half million companies using the free web-based system to electronically verify the information provided by new hires on the Form I-9, Employment Eligibility Verification.
Author: Melissa A. Silver, JD, Legal Editor
These new tools can help an employer train its managers and supervisors to navigate the E-Verify process for verifying new employees' eligibility to work.
This Supervisor Briefing examines the law and best practices regarding E-Verify, including which employers are required to use E-Verify and the E-Verify process.
In-depth review of the spectrum of Alabama employment law requirements HR must follow with respect to Preemployment Screening and Testing.
An in-depth review of the spectrum of Arizona employment law requirements HR must follow in respect to immigration.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to preemployment screening and testing.
An in-depth review of the spectrum of California employment law requirements HR must follow in respect to immigration.
The United States Citizenship and Immigration Services released three new enhancements to E-Verify. Two of these enhancements were created as a result of suggestions submitted by employers.
In-depth review of the spectrum of Oklahoma employment law requirements HR must follow with respect to interviewing and selecting job candidates.
As mandated by the US Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices, employers participating in E-Verify must post the Office of Special Counsel Right to Work Poster.
The Employment Law Manual and a Quick Reference Chart have been updated to reflect the recent release of an updated E-Verify further action notice and a new fact sheet.
Guidance for HR on the use of E-Verify to ensure employers have authorized workforces. Support and advice for employers on using the E-Verify program.