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
Updated to reflect credit information protections under the Philadelphia Fair Employment Practices Ordinance, effective July 7, 2016.
Updated to reflect forthcoming increase in immigration-related penalties.
Updated to reflect forthcoming new hire requirements for seasonal employers.
Updated to reflect forthcoming amendment eliminating the state employment verification affirmation requirement.
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.
Updated to reflect amended national origin discrimination regulations regarding policies requiring employees to hold a driver's license, effective April 1, 2016.
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.