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
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Ensuring that employers are hiring an authorized workforce can be challenging. This section guides HR professionals through the verification process when completing the Form I-9 and if the employer participates in E-Verify as well as visa considerations when hiring a foreign national.
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In-depth review of the spectrum of Nebraska employment law requirements HR must follow with respect to immigration.
North Carolina employers seeking to communicate to employees that the employer uses E-Verify and what the potential ramifications are if employment eligibility cannot be verified should consider including this model policy statement in their handbook.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to preemployment screening and testing.
In-depth review of the spectrum of Illinois employment law requirements HR must follow with respect to new hire paperwork.
Information relating to Texas E-Verify requirements for state agencies and businesses contracting with state agencies has been added.
Several states have passed mandatory E-Verify measures that require businesses to confirm the work eligibility of all new hires using the federal electronic verification system. This Quick Reference Chart will show employers if a mandatory E-Verify law applies in their state along with the penalties for noncompliance.
Texas Governor Rick Perry has issued an executive order requiring all state agencies to use the federal E-Verify system to confirm the work eligibility of current and prospective employees. The order is effective immediately and also applies to any employer contracting with a state agency or its subcontractors.
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.