E-Verify is an electronic system managed by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers use this system to determine whether their workers have the right to work in the US by comparing the data on their Form I-9 (Employment Eligibility Verification) with government databases.
How Does E-Verify Work?
-If an employer wants to use E-Verify, then they must initially register for the program and accept its terms and conditions. After they are signed up, they can submit a new hire’s Form I-9 information to E-Verify. You need the employee’s form which will list such information as his or her name, date of birth, social security number, and citizenship.
This data is then compared against records of DHS and SSA. When the information is similar, E-Verify confirms the worker’s permission to work in the United States. When it’s not the match, or if there is a mistake, E-Verify will provide a tentative non-confirmation (TNC), meaning that the system wasn’t able to verify the worker’s eligibility. )’ then both employer and employee will be instructed on how to resolve the situation.
Are All U.S. Employers Required to Apply for E-Verify?
E-Verify is voluntary for the majority of employers. However, some states now have laws mandating the use of the system by certain businesses. E-Verify also becomes required under contract for federal contractors and subcontractors.
What Is E-Verify — For Employers and Employees?
For Employers
Voluntary vs. E-Verify Mandatory: Most private companies don’t need to use E-Verify, but the state may or may not. Some industries or businesses such as government contractors have to engage the system.
- Legal Requirements: Employers who deploy E-Verify must follow its regulations such as handling TNCs (tentative non-confirmations) in the right manner and keeping employees’ information private.
- Streamlined Verification: With E-Verify, an employee’s working eligibility can be verified quickly, allowing employers to immediately employ eligible workers.
For Employees
- Privacy Concerns: Employees might not be comfortable sharing personal information when they’re in the E-Verify system. Workers need to know what their rights are and what protections are put in place for their data.
- Immigration Rights: Some immigrant rights advocates say that E-Verify might restrain immigrants from applying for jobs if they believe it would impact their immigration status.
- Employers need to inform employees of their E-Verify rights before they fill out a job application. Note that every worker deserves to know if their company has E-Verify in place.
- Solution to Discrepancies: Once a TNC is issued, the employee must follow the instructions from E-Verify to fix the problem. That could be as simple as resolving errors in the employee’s file or issuing new documentation.
- Eligibility for Work: If an employee’s information is verified by E-Verify, that employee can work in the U.S.
Why E-Verify Matters
For employers, E-Verify makes it fast and easy to verify that a candidate for employment is legally qualified to work in the United States. When you are an employee, knowing the structure of E-Verify and your rights can help you not be thrown into unnecessary red tape when hiring. It also preserves your employment status and will avoid any issues with your immigration.
The Benefits of E-Verify for Employees
E-Verify is an online system used by employers to confirm the employment eligibility of their employees in the United States. This program, developed by the Department of Homeland Security (DHS) in conjunction with the Social Security Administration (SSA), offers several benefits to employees, enhancing job security and protecting against identity theft, among other advantages.
Enhanced Job Security
One of the primary benefits of E-Verify for employees is enhanced job security. By ensuring that employers are complying with U.S. immigration laws, E-Verify provides peace of mind to employees regarding their employment status.
- Compliance Assurance: When an employer uses E-Verify, it confirms that all new hires are legally authorized to work in the U.S., reducing the risk of unauthorized employment.
- Peace of Mind: Employees can feel secure knowing that their employer is conducting proper verification, which helps maintain a lawful workforce.
Prevents Identity Theft
E-Verify plays a crucial role in preventing identity theft:
- Reducing Fraudulent Hires: The system helps ensure that employees are not hired under false pretenses or using stolen identities. This protection is vital for safeguarding employees’ financial and legal standing.
- Photo Matching: E-Verify includes a photo-matching feature that allows employers to compare the photo on an employee’s document with the one in the E-Verify system, further reducing the chances of identity fraud.
Ensures Fairness
E-Verify promotes fairness in the hiring process:
- Mandatory for New Hires: Since E-Verify is required for all new hires in participating companies, it ensures that every employee undergoes the same verification process.
- Non-Biased Process: Employees can trust that E-Verify operates without bias based on race or nationality, fostering a more equitable workplace environment.
E-Verify Requirements for Specific Employers
Certain employers have specific requirements regarding E-Verify participation:
Federal Contractors
Employers with federal contracts may be mandated to use E-Verify:
- Legal Compliance: This requirement ensures that all workers on federal contracts are legally eligible to work, aligning with government regulations.
State Mandates
Some states have enacted laws requiring participation in E-Verify:
- State Regulations: Employers in these states must comply with local laws regarding employment verification, which may include using E-Verify for all hires.
Federal Agencies
Federal agencies and certain government-funded programs often mandate E-Verify usage:
- Employment Eligibility: This requirement helps maintain a compliant workforce within government operations.
Common Issues and Challenges with E-Verify
While E-Verify offers many benefits, there are also challenges associated with its use:
Discrepancies in Government Records
One common issue is discrepancies between employee information and government records:
- Tentative Nonconfirmation (TNC): Sometimes, E-Verify may return a TNC due to minor discrepancies such as name spelling or data mismatches. Employees can resolve these issues by providing appropriate documentation.
Delays in Resolution
In some cases, resolving TNCs can take time:
- Impact on Employment: Delays in obtaining necessary information from government agencies may affect employment continuity for those awaiting verification resolution.
Overuse or Misuse of the System
Employers must use E-Verify correctly to avoid legal repercussions:
- Discrimination Risks: Misusing the system—such as verifying existing employees or targeting specific groups—can lead to discrimination claims and penalties. Employers should apply verification processes consistently and fairly across all employees.
How to Enroll in E-Verify
Employers looking to utilize E-Verify must follow specific steps for enrollment:
Employer Registration
The registration process involves:
- Creating an Account: Employers must register through the USCIS website and set up a user account.
- Training: Completing training on how to use the system effectively is essential for proper implementation.
Training and Support
USCIS provides resources to assist employers:
- Training Materials: Employers have access to training materials and customer support to help them navigate the system efficiently.
E-Verify and Compliance
Using E-Verify correctly is crucial for compliance with immigration laws:
Avoiding Penalties
Employers who fail to use E-Verify when required may face significant consequences:
- Legal Repercussions: Non-compliance can result in fines, penalties, or even criminal charges. Proper use of E-Verify helps mitigate these risks.
Audit and Monitoring
The Department of Homeland Security monitors E-Verify usage:
- Compliance Audits: Employers may be audited to confirm they are using the system correctly and adhering to regulations.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an L-1 Visa or a H-2B Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
