Should you just verify, or should you E-verify? What are the advantages of using E-verify?
E-verify is a web-based system for verifying your employees’ eligibility to work legally in the United States. You are already familiar with filling out the I-9 Form; E-verify simply checks the information on the form against data in the U.S. Department of Homeland Security’s (DHS) and Social Security Administration’s (SSA) records.
Since E-verify was introduced several years ago, a handful of states require that all employers, public and private, use the system to ensure the legal work status of all employees. Those states are Alabama, Arizona, Mississippi, and South Carolina. Utah requires employers of 15 persons or more to use E-verify. Many states require only public employers to use E-verify, and others, such as California and Illinois, have passed legislation that prohibits municipalities from mandating the use of E-verify. Many other states have passed legislation pertaining to E-verify, and are either in the process of phasing it in now, or they offer incentives to employers to use it.
E-verify does not replace the requirement that you fill out an I-9 Form on each new hire. The advantage to the employer is peace of mind that the employee is, in fact, authorized to work in the United States. By using E-verify, an employer who has some doubts about the authenticity of an employee’s documentation can be confident that the employee is legally allowed to work in the U.S. Should someone from the DHS show up at your doorstep and ask to see the paperwork verifying that your employees have the legal right to be working in the U.S., you can provide, not only the I-9 form, but also a printed report from E-verify.
The decision whether to use E-verify must be carefully considered, in light of the government’s rather strict requirements. Logging in to the website and actually inputting the information is not difficult; however, there are timing and documentation obligations that may be daunting for some employers. When you log in on the website you create a “case,” but you can only do so after you have implemented all of the mandatory prerequisites.
First, E-verify cannot be used to do a pre-employment screening of potential candidates for hire. You can only create a case after you have made a formal offer of employment and have completed the I-9 Form. This means you still have to carefully read the types of documentation that are required, obtain the documentation from the new employee, verify it, and enter the information on the form. If you decide to participate in E-verify, you must use it consistently for all new employees, and you are required to post an official notice (obtained from DHS) in your office(s).
Second, you need to appoint a person or persons to do the entry of information into the E-verify system, i.e., an “entry clerk.” This appointment cannot be taken too lightly, as the individual will need access to the I-9 Forms within three (3) business days from the first day that the new employee works for pay. Ideally, this person should also be the one who interacts with the employee and actually looks at the documents, as the E-verify system asks the entry clerk to verify that the photo which appears on the E-verify screen matches the photo on the documents presented by the employee. Also, the person who creates the case in E-verify and manages the case in the system will have to comply with the DHS’s record keeping and training requirements. The entry clerk must be trustworthy to handle sensitive information, as the E-verify system requires the entry of the employee’s social security number even though the I-9 Form does not require it. Further, E-verify directs the employer to keep copies of the photo documents provided for verification, which may not be your normal practice.
One significant advantage to using E-verify is that the employer establishes a rebuttal presumption that it has not knowingly hired someone who is not legally authorized to work in the U.S. This means that, if challenged, the employer can rely on the presumption and the government will have come up with some valid evidence to rebut the presumption. Another advantage of using E-verify is that it offers a free online “Self-Check” service so that the applicant can confirm the accuracy of his or her own information and can resolve any non-match or other data issues prior to the start date.
E-verify is not for every employer. The system is probably best utilized in areas where a large number of immigrants or foreign nationals populate an employer’s applicant pool. E-verify can provide peace of mind that the employer needs when making hiring decisions, or when the employer has difficulty with the types of documentation that are commonly presented by potential new hires in the industry.
If you have any questions about the rules governing e-verifying, please do not hesitate to contact us. CEDR’s Solution Center advisors are always available to help you work through any situation you encounter. You can call us toll free anytime at (866) 414-6056, or email us at solutioncenter@cedrsolutions.com.
And that’s your Two-Minute Trainer for today! Now, go have a productive, harmonious, and lawsuit-free day!
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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