E-Verify: A Resurrected Tool for Work Authorization Verification

E-Verify, a program designed to help employers confirm the employment eligibility of their workers, has had a tumultuous history. Initially introduced in 1996, it faced challenges and was ultimately considered a failure. 

However, recent legislative changes have brought it back into the fold, making it again a relevant tool for employers seeking to ensure a lawful workforce. 

A Brief History

E-Verify stemmed from a need to curb illegal immigration and protect jobs for authorized workers. The program electronically verifies an applicant’s information against databases maintained by the Social Security Administration, the Department of Homeland Security, and other repositories. Employers submit employee information through the E-Verify system, which returns results indicating whether the employee is authorized to work in the United States.

While it was initially implemented with federal funding, its mandatory use became contentious. Opponents argued that the system was error-prone, leading to the mistaken identification of authorized workers as unauthorized.

Additionally, concerns were raised about the program’s potential for discrimination against foreign-born workers. These concerns culminated in a 2019 federal court ruling that declared it to be an unfair immigration practice.

The E-Verify Revival

Despite the 2019 ruling, E-Verify remained a voluntary option for employers. However, recent legislative changes have breathed new life into the program.

Several states have enacted laws making it mandatory for employers within their jurisdictions. Additionally, federal contractors seeking government business are now required to use it. With this renewed emphasis, it’s crucial for employers to understand the program and its implications.

What to Consider Before Using E-Verify

Before implementing E-Verify, employers should carefully consider several factors:

• State and Local Laws: requirements vary by state and locality. Employers should research the laws applicable to their business location to determine if E-Verify use is mandatory or optional.
• Company Size and Resources: it can add an administrative burden, especially for smaller companies. Employers should assess their resources to manage the E-Verification process effectively.

Understanding the Process

The E-Verification process itself is relatively straightforward. Employers can electronically submit an employee’s name, Social Security number, or other identifying information through the system, which compares this information against SSA, DHS, and other databases. 

E-Verify returns one of three possible results:

• Case confirmed: this indicates that the employee’s information matches government records.
• Tentative non-confirmation: this result suggests a potential mismatch and requires further investigation by the employer and applicant within a designated timeframe.
• Case unsolved: this indicates that it could not conclusively verify or deny the employee’s eligibility based on available data.

In the case of a TNC, employers must follow a specific process outlined by U.S. Citizenship and Immigration Services to resolve the discrepancy. This may involve having the employee provide additional documentation to verify their eligibility.

Maintaining Compliance

Employers who choose to use E-Verify must comply with program guidelines. This includes:

• Using it for all new hires ensures a consistent employee verification process.
• Taking timely action on TNCs: Employers must follow USCIS procedures to address discrepancies identified through E-Verify within the designated timeframe.
• Maintaining proper documentation: Employers are legally mandated to retain E-Verification results and any related documentation for a specific period.

How S2Verify Can Help

Managing the E-Verification and I9 process can be time-consuming and complex. We can help! By electronically integrating the E-Verify and I9 process into your onboarding, we provide:

• Improved security: Our secure online platform helps to safeguard sensitive employee information.
• Enhanced audit trails: The system records all document verification activity, providing a clear audit trail for compliance purposes.

The return of E-Verify to prominence gives employers a valuable tool for verifying employee work authorization. However, navigating the E-Verification process and maintaining compliance can be challenging. By carefully considering their needs and resources, employers can determine if it fits their business well. 

We can help employers ensure a more efficient and compliant work authorization verification process. As the landscape of immigration enforcement continues to evolve, E-Verify will likely play an increasingly important role in ensuring a lawful workforce.

REQUEST A DEMO