1. What is E-Verify?

E-Verify is an online system operated by the U.S. government that allows employers to verify the eligibility of their employees to work in the United States. The system compares information from an employee’s I-9 form against records maintained by the Social Security Administration (SSA) and Department of Homeland Security (DHS). E-Verify can also be used to verify the identity and work authorization of new hires.

2. How does the E-Verify system work?

The E-Verify system is an online tool that allows employers to check the legal work authorization of new hires in the United States. Employers enter the employee’s name, Social Security Number, and other required information into the system, and E-Verify will then compare the information against the Social Security Administration’s records and Department of Homeland Security databases. If there is a match, the employee is allowed to work, and the employer is notified that the employee has been verified. If there is no match, the employer is notified that more information is needed from the employee. The employee has a limited period of time to resolve any discrepancies before their employment offer is withdrawn.

3. What documents must an employee present to use E-Verify?

An employee must present a valid, unexpired document or combination of documents from the Lists of Acceptable Documents issued by the U.S. Department of Homeland Security and the Social Security Administration for use with E-Verify. These documents include a driver’s license, passport, permanent resident card, Social Security card, birth certificate, and other forms of identification.

4. Does an employer have to use E-Verify?

No, employers are not required to use E-Verify in all cases. However, many states have laws that require employers to use E-Verify in certain situations, such as when hiring new employees or for certain classes of workers. It is important to check with your state’s laws to see if there is a requirement to use E-Verify.

5. What are the advantages of using the E-Verify system?

Advantages of using the E-Verify system include:

1. Easy to use: The E-Verify system is simple and easy to use, allowing businesses to quickly and accurately verify employee eligibility.

2. Cost effective: The system is cost-effective for employers, as most states have implemented free or discounted pricing for companies that use the system.

3. Reliable: The system provides reliable results, ensuring employers can be confident in their hiring decisions.

4. Compliance: By using E-Verify, businesses can ensure they are in compliance with immigration laws.

5. Reduced risk: Companies that use E-Verify can reduce their risk of being identified as an employer of an unauthorized worker.

6. How accurate is E-Verify in confirming employment authorization?

The accuracy rate of E-Verify is very high. According to the U.S. Citizenship and Immigration Services, when employers use E-Verify, the system confirms 99.7% of work-authorized employees and identifies approximately 96% of unauthorized workers.

7. How quickly will employers receive results from E-Verify?

Employers typically receive results from E-Verify within 5-10 seconds.

8. Does E-Verify check to see if a potential employee is eligible to work in the United States?

Yes, E-Verify does check to see if a potential employee is eligible to work in the United States. E-Verify is an internet-based system that allows employers to verify the work eligibility of newly-hired employees by comparing information from the Form I-9 (Employment Eligibility Verification) against records in the Department of Homeland Security and Social Security Administration databases.

9. Can an employer use E-Verify for existing employees?

Yes, an employer may use E-Verify for existing employees. The employer must follow the same procedures for existing employees as they do for new hires. This includes completing the Form I-9 and submitting the employee’s information to E-Verify.

10. Does an employer have to enroll all of their employees in E-Verify?

No. E-Verify is a voluntary program and employers must choose whether or not to participate.

11. Is there a cost associated with using the E-Verify system?

Yes, there is a cost associated with using the E-Verify system. Employers are required to pay a fee of $25 for each individual they verify, as well as an annual fee of $500 to access the system.

12. Are employers required to use E-Verify if they are hiring foreign nationals?

Yes, employers are required to use E-Verify if they are hiring foreign nationals. The program is mandatory for all employers in certain states, and employers who hire foreign citizens must use the program even if they don’t operate in a state that requires its use.

13. Does an employer have to keep records of their E-Verify results?

Yes, employers must retain and store any records related to E-Verify results in accordance with the Federal Records Act and other applicable laws. Employers must also retain documentation that shows they followed the E-Verify process correctly, such as copies of the tentative nonconfirmation notices or final notices of results.

14. Are employers required to use E-Verify for every new hire or just for employees from certain countries?

Employers in most states are required to use E-Verify for every new hire, regardless of their country of origin. However, some states have laws that require employers to use E-Verify for certain employees based on their country of origin.

15. What happens if an employee receives a tentative nonconfirmation (TNC) from E-Verify?

If an employee receives a TNC from E-Verify, the employer must inform the employee and provide them with a “Notice of Tentative Nonconfirmation” that outlines the employee’s rights and how to contest the result. The employer must allow the employee 8 federal working days to resolve any discrepancies that are identified by E-Verify. If the employee does not take action, they may be terminated.

16. Are employers able to terminate employees who receive a TNC from E-Verify?

No, employers cannot terminate employees who receive a TNC from E-Verify. The TNC process allows employers to take appropriate action to resolve employment eligibility issues, including using additional documents such as a Permanent Resident Card (Green Card) or Employment Authorization Document (EAD). Employers are not permitted to take any action against the employee based solely on receiving a TNC.

17. How long does an employer have to wait before requesting a new verification through E-Verify after the first verification request was unsuccessful?

Employers must wait three business days after receiving a Tentative Non-confirmation (TNC) before submitting a new E-Verify case.

18. Are there any risks associated with using the E-Verify system?

Yes, there are risks associated with using the E-Verify system. Some of these risks include identity theft, fraudulent use of Social Security Numbers, errors in the system’s database, and potential discrimination against certain individuals. Additionally, there is a risk that employers may use the system to screen out certain workers based on national origin or other protected characteristics.

19. What kind of protection do employers receive when using the E-Verify system?

When employers use the E-Verify system, they are protected from legal liability if the employee is not authorized to work in the United States. This protection is provided by the Immigration Reform and Control Act of 1986, which states that employers will not be subject to civil or criminal penalties if they use the system in good faith. The system also provides employers with access to electronic records and other resources to help ensure employees are legally authorized to work in the United States.

20. What resources are available for employers who want to learn more about the E-Verify system?

Employers can visit the E-Verify website for more information about the E-Verify system. The website includes resources for employers, including frequently asked questions, informational videos, a user manual, and training materials. The United States Citizenship and Immigration Services (USCIS) also provides employers with access to live webinars, a customer support center, and in-person training events. Additionally, employers may contact their local E-Verify representative for more information.