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, the USCIS reported that more than 16.4 million cases were run in FY 2016.
Author: Melissa A. Silver, JD, Legal Editor
Updated to reflect forthcoming new hire notice requirements under the Chicago Fair Workweek Ordinance.
Updated to include the forthcoming Lodging Services Human Trafficking Recognition Training Act.
Updated to include the Cannabis Regulation and Tax Act, effective June 25, 2019.
Alabama employers seeking to inform employees that they use the Electronic Verification System (E-Verify) and what the potential ramifications are if employment eligibility cannot be verified should consider including this model policy statement in their handbook.
Enhanced to link users to applicable employee handbook statements and to improve comprehensiveness and scope.
Updated to reflect additional provisions under Clean Slate Law involving access to criminal records, effective June 28, 2019.
Updated to include forthcoming law regarding wage history inquiries.
Updated to include notice requirements for employers regarding a federal agency inspection, effective June 6, 2019.
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.