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 [Español]. 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 the 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 for most; however, a few states have made employer participation mandatory
by law and several others are considering similar laws. In the meantime, 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 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 updates, subscribe to Employee Rights Blog.
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