E-Verify System
What is the E-Verify System?
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E-Verify System is short for Employment Eligibility
Verification Program. It is an Internet-based computer application
that permits employers to verify the employment eligibility (work-authorization
status) of newly-hired employees, electronically over the Internet. |
E-Verify is operated by Citizenship and Immigration Services (USCIS) in
the Department of Homeland Security (DHS), in partnership with the Social
Security Administration (SSA).
The DHS and SSA launched the E-Verify System to help employers avoid legal
troubles, from unintentionally hiring immigrants who are not authorized
to work in the USA. Such immigrants are referred to as undocumented
immigrants or less politically correct, but more familiarly, as illegal
aliens or illegal immigrants.
How does the E-Verify System work?
To start, the employer and newly-hired employee complete Form
I-9, Employment Eligibility Verification. Then the employer submits
the Form I-9 information to E-Verify over the Internet, no later than
three business days after the new-hire's start date.
To validate the new-hire's employment eligibility, the E-Verify System
electronically compares the Form I-9 information submitted by the employee,
to that stored in databases maintained by the SSA and DHS.
If the E-Verify System determines that the new-hire is authorized to work
in the USA, then it displays a confirmation message. If it cannot verify
the new-hire's employment eligibility, then it displays a "Tentative
Non-confirmation" message. The finding is tentative, because
the new-hire may contest it through the appropriate government agency while
continuing to work his or her new job.
In addition to data verification, the E-Verify System is capable of biometric verification
such as photo matching. More biometrics will be rolled out over time.
How do employers participate in E-Verify?
Employers (or their designated agents) participate in E-Verify by registering
at the DHS site. Registration is
free and provides instructions at each stage of the process. Registrants
must accept the electronic E-Verify
Memorandum of Understanding (MOU) and complete a tutorial before using
the System.
Participating in E-Verify was initially voluntary for
most employers and it still is; however, a few states have
made participation mandatory by law for certain employers and several
others are considering similar laws. Meanwhile, President Bush ordered Federal
contractors to participate.
Once participating, whether voluntarily or mandatorily, employers must
verify the employment eligibility of all newly-hired employees regardless
of their national origin or
citizenship status. That's to help employers avoid discrimination charges.
How do I obtain more information about E-Verify?
For general information and instructions, refer to the following published
by the USCIS.
For pros, cons, controversy, legal issues and such, search the
Web for E-Verify articles (a Web search form is also displayed
below). For legal advice, consult an attorney.
Note: Because the E-Verify System
is relatively new and still evolving at this writing, the information
and links in this article are subject to change. To receive important
updates, subscribe to Employee
Rights Blog.
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