HR Support on E-Verify Background Check

Editor's Note: Verify an employee's eligibility for employment.

Melissa A. SilverOverview: 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.

Trends: Many states and local governments are continuing to pass legislation requiring certain employers to use E-Verify. This is particularly true for states in the South. Employers should continue to be on the watch to see if the state or states in which they do business enact an E-Verify requirement.

Author: Melissa A. Silver, JD, Legal Editor

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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.