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.

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, the USCIS reported that more than 16.4 million cases were run in FY 2016.

Author: Melissa A. Silver, JD, Legal Editor

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About This Topic

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.