Builders and Contractors Exchange
Weekly Bulletin: 21 Mar 2008
The I-9 E-Verify Program
By: Mara S. Mijal
Formerly referred to as the Basic Pilot Program, E-Verify is the newly expanded Internet-based system operated by the U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA) that employers can use to electronically verify the employment eligibility of newly-hired employees. Currently, E-Verify is voluntary for all employers (with only very limited exceptions for some federal government employers and violators of certain immigration laws). While the program does not provide protection from worksite enforcement, the USCIS has stated that an employer who verifies work authorization through E-Verify is presumed to have not knowingly hired unauthorized workers.
To conduct employment verification of new hires through E-Verify, an employer must register for participation at https://www.vis-dhs.com/EmployerRegistration. Once the employer has completed the registration requirements, it must first complete Form I-9 for the new hire and then submit a query to E-Verify that includes the required information, including the employee's name and date of birth, social security number, citizenship status, and other information. An automated system then verifies this information, and the employer should receive a response to the initial inquiry within seconds of submitting the query.
The earliest an employer may initiate a query via E-Verify is after an individual accepts an offer of employment and after the employee and employer complete Form I-9. The employer must then initiate the query no later than the end of three business days after the new hire's actual start date. Although an employer can initiate an inquiry before the new hire's start date, it may not delay training or an actual start date based upon a delay in the receipt of a confirmation of employment authorization. Further, employers must verify employees in a non-discriminatory manner and cannot schedule the timing of queries based upon national origin, citizenship status, race, or other factor that is prohibited by U.S. law. In addition, employers must verify all newly hired employees while participating in the E-Verify program; they may not verify selectively. Finally, employers may not use the program to pre-screen job applicants, to verify employees hired before registering for E-Verify, or to re-verify employees with temporary work authorization.
Further information regarding the registration process is available online at the website noted above. If you have specific questions about Form I-9 or the employment verification process for non-U.S. citizen employees, you should contact an immigration attorney.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.