Explained: What is E-Verify and how it works for US employers
E-Verify is an internet-based system used by US employers to confirm if their new hires are legally allowed to work in the United States. It is operated by the US Department of Homeland Security ( DHS) in partnership with the Social Security Administration (SSA). The system is fast, free, and widely used by businesses across the country.
What is E-Verify?
E-Verify was established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It allows employers to electronically verify an employee's work authorization using the information from the employee’s Form I-9. This form is already required by law and is filled out by every new hire and their employer as proof of identity and employment eligibility.
Once a Form I-9 is completed, the employer can log in to the E-Verify website and enter the necessary details. The system then cross-checks that information against millions of government records held by DHS and SSA. In most cases, results are returned in three to five seconds.
How does E-Verify work
The process is straightforward:
There are several possible outcomes. The system might confirm the employee’s work authorization, or it may indicate a mismatch. In the case of a mismatch, the employee is notified and given steps to resolve it.
Features of E-Verify
E-Verify is promoted as a business-friendly tool with several key features:
Alerts: The system can inform employees if there is a mismatch in their records. Customer service: Employers have access to personalized support via phone or email. Training: An online tutorial, manuals, and quick reference guides are provided.
Who uses E-Verify?
While participation in E-Verify is voluntary for most employers, some businesses are required to use it. These include federal contractors and employers in certain states that have their own laws mandating E-Verify usage.
Employers can also choose to roll out E-Verify at specific locations, rather than across the entire company. This gives flexibility to large businesses with multiple offices or franchises.
Benefits for employers
For employers, E-Verify offers several advantages. It enhances the standard Form I-9 process by adding a layer of electronic verification. It also helps employers avoid hiring workers who are not legally authorized to work, which can result in civil penalties or other enforcement actions.
E-Verify gives employers more confidence that they are complying with immigration laws. It also improves recordkeeping and allows companies to prepare better for audits.
Limitations and responsibilities
While E-Verify is a useful tool, it does not replace Form I-9. Employers are still legally required to complete and retain Form I-9 for all employees. In addition, employers must avoid using E-Verify before an employee has accepted a job offer. The system is not a pre-employment screening tool.
Employers must also be cautious not to discriminate during the verification process. The law prohibits actions based on a person's nationality, citizenship status, or ethnic background.
E-Verify helps businesses comply with US employment laws by verifying new hires' work eligibility quickly and accurately. While not mandatory for all, it is increasingly used by employers looking to reduce risk, prevent document fraud, and meet compliance standards.
What is E-Verify?
E-Verify was established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It allows employers to electronically verify an employee's work authorization using the information from the employee’s Form I-9. This form is already required by law and is filled out by every new hire and their employer as proof of identity and employment eligibility.
Once a Form I-9 is completed, the employer can log in to the E-Verify website and enter the necessary details. The system then cross-checks that information against millions of government records held by DHS and SSA. In most cases, results are returned in three to five seconds.
How does E-Verify work
The process is straightforward:
- The employee completes Form I-9 on their first day of work.
- The employer creates a case in E-Verify using details from the form.
- E-Verify compares the information with DHS and SSA records.
Features of E-Verify
E-Verify is promoted as a business-friendly tool with several key features:
- No cost: The service is free for employers.
- No special software: Employers only need a web browser and internet connection.
- Quick turnaround: Most responses are delivered in seconds.
- Photo matching: Helps detect document fraud by comparing employee documents to government photos.
- User flexibility: Multiple user roles are available for different business needs.
- Reporting tools: Businesses can generate usage reports to show compliance.
Who uses E-Verify?
While participation in E-Verify is voluntary for most employers, some businesses are required to use it. These include federal contractors and employers in certain states that have their own laws mandating E-Verify usage.
Employers can also choose to roll out E-Verify at specific locations, rather than across the entire company. This gives flexibility to large businesses with multiple offices or franchises.
Benefits for employers
For employers, E-Verify offers several advantages. It enhances the standard Form I-9 process by adding a layer of electronic verification. It also helps employers avoid hiring workers who are not legally authorized to work, which can result in civil penalties or other enforcement actions.
E-Verify gives employers more confidence that they are complying with immigration laws. It also improves recordkeeping and allows companies to prepare better for audits.
Limitations and responsibilities
While E-Verify is a useful tool, it does not replace Form I-9. Employers are still legally required to complete and retain Form I-9 for all employees. In addition, employers must avoid using E-Verify before an employee has accepted a job offer. The system is not a pre-employment screening tool.
Employers must also be cautious not to discriminate during the verification process. The law prohibits actions based on a person's nationality, citizenship status, or ethnic background.
E-Verify helps businesses comply with US employment laws by verifying new hires' work eligibility quickly and accurately. While not mandatory for all, it is increasingly used by employers looking to reduce risk, prevent document fraud, and meet compliance standards.
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