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
Employers should prepare for the possibility of developments in a variety of areas, including health benefits, unions, wage and hour, regulatory reform, immigration, maternity leave and onsite childcare, and equal employment opportunity.
Updated to reflect new hire requirements for seasonal employers, effective November 1, 2016.
Updated to reflect forthcoming new law clarifying prohibited unfair immigration-related practices.
Under review in relation to the new Form I-9.
Updated to reflect amendment eliminating the state employment verification affirmation requirement, effective August 10, 2016.
Updated to reflect new hire requirements in the forthcoming Chicago paid sick leave law.
Updated to reflect credit information protections under the Philadelphia Fair Employment Practices Ordinance, effective July 7, 2016.
Updated to reflect forthcoming state E-Verify law.
Enhanced to improve the organization and scope of coverage, and updated to reflect forthcoming Tennessee E-Verify law.
Updated to reflect forthcoming E-Verify requirements.
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.