American businesses are learning the benefits of using the government’s E-Verify program even when it’s not required in an effort to ensure that the individuals hired are legally authorized to work in the United States. The free E-Verify program can provide employers with an extra level of protection against hiring unauthorized workers. This can be helpful in preventing a violation that could potentially come with serious consequences, such as hefty punitive fines.
E-Verify is a federal and internet-based system that compares data from multiple sources like the Social Security Administration, the U.S. Department of Homeland Security, and a person’s Form I-9 to confirm their employment eligibility. An employer who opens a case in E-Verify will either receive confirmation that an employee is authorized to work, or a flag that the case result warrants further action for compliance.
To make the most of your E-Verify experience, align with a professional I-9 expert to make sure your hiring process is working hard for you in your quest for compliance.
The E-Verify system compares an employee’s Form I-9 information against records accessible by the United States government. Without the Form I-9, there would be no basis of information for E-Verify to compare. For that reason, to understand how E-Verify works one must also understand the Form I-9.
The Form I-9 is a legal document that helps establish an individual’s eligibility to work in the United States. There are three main sections to this form:
This section of the Form I-9 requires employees to fill out basic information and sign attesting that the information is true. Any false information provided by the employee can result in perjury penalties. Employers are responsible for ensuring that employees fill out the form completely. This section must be completed by an employee’s first day of employment.
The second section of the form requires employers to examine and vouch in good faith for the authenticity of Form I-9 identification documents provided by the employee. If any identification documents are found to be fraudulent, perjury charges will most likely apply. This section of the form must be completed within three days of an individual’s first day of work.
The second section of the form requires employers to examine and vouch in good faith for the authenticity of Form I-9 identification documents provided by the employee. If any identification documents are found to be fraudulent, perjury charges will most likely apply. This section of the form must be completed within three days of an individual’s first day of work.
Although it requires only basic information, the Form I-9 can be a complex document for employees and employers to work through. Because of that, the United States Citizenship and Immigration Services has compiled a how-to guide called the Handbook for Employers M-274 as a resource. In addition to using this handbook, many companies get help by enlisting the help of digital I-9 compliancy software programs. Although the software may differ slightly from provider to provider, in general these programs help employers with the goal of reducing human error on the form and providing timely action reminders that aid with Form I-9 compliancy. The more robust I-9 software programs will offer automatic E-Verify submission as an option through the software.
Once the form has been completed, this is where E-Verify comes into play. Employers can use E-Verify to compare the Form I-9 information against government records. In addition to the confirmation of this information, E-Verify may often be able to access a photo of the employee for employers to compare against photo identification the employee provided.
The E-Verify system is straightforward and user-friendly and can be accessed via the internet. For a company to utilize the E-Verify system they only need to be enrolled. Some I-9 software programs provide easy enrollment through the software, which lightens the burden of enrollment for the employer. In these cases, the software provider enrolls the employer into E-Verify and then serves as the employer’s designated agent.
Enrollment in the E-Verify system is free and is open to businesses in all of the fifty states as well as Puerto Rico, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Northern Mariana Islands, and Guam.
While an employer’s enrollment in E-Verify is still largely considered to be optional, it is becoming increasingly required. Although its usage is not yet universal, the system’s use does seem to be trending in that direction.
There are specific instances in which businesses must enroll in the E-Verify system. Some states simply require by law that businesses located within the state lines must enroll. Employers involved in a court situation may be legally required to enroll in E-Verify after a legal ruling is handed down. Lastly, employers participating in federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause must also enroll.
Those companies that utilize E-Verify can choose to navigate the system on their own or enlist the help of an E-Verify employer agent. These agents act as a liaison between E-Verify and the company to determine an employee’s work eligibility and can also be useful in helping employers comply with employment laws. While employers who use E-Verify employer agents say they can save companies from a staff shortage and valuable time, the federal government does not certify or regulate their fees.
If you have decided to use E-Verify even though it is not required, enrolling can be easy but does require some forethought in terms of who in the company will utilize it. For example, be clear on which company locations and hiring sites will access the system, as well as who within the company will have clearance to use the program.
The next step is to ensure that you have access to the information needed to begin enrollment. Business information you will need to have on hand includes the company’s employer identification number (EIN), physical address, mailing address, and the first three digits of the North American Industry Classification System (NAICS).
With this information in hand, proceed to the official E-Verify website and enroll in the program.
Solid information gathered by E-Verify can help employers authenticate an employee’s eligibility to work in the United States and keep their business Form I-9 compliant – adding an extra layer of protection.
Being I-9 compliant is simply the law. If a company is found not to be compliant during an audit, generally they are given a short window of roughly ten days to make appropriate changes. However, those corrections do not necessarily exempt the company from penalty for those violations. The purposeful or accidental actions that interfere with compliancy can be considered a criminal or civil violation that may result in substantial fines.
Criminal violations may be issued if a documented pattern of fee-based referring, recruiting, or hiring of individuals unauthorized to work in the United States is found.
Civil violations generally pertain to actions such as committing document fraud or abuse, discriminating, being noncompliant with employment verification, hiring or continuing to employ an unauthorized worker, or notifying authorities of follow up confirmation for an employee’s eligibility to work.
For businesses that are looking to avoid the headaches that noncompliance can cause, it is important to establish a set of best practices that should include proper Form I-9 protocol, the E-Verify system, and digital I-9 compliance software.
