E-Verify Abuse
The Office of Special Counsel for Unfair Immigration-Related Employment Practices (OSC) is actively monitoring potential employer misuse of the E-Verify system. “Employers can expect more investigations into E-Verify misuse from the OSC,” says Ryan Adair, MSEC, Manager of Immigration Services. “These investigations are time consuming and expensive to defend.”
E-Verify is the online system that allows employers to verify work eligibility of new employees using information gathered on the Form I-9. The focus of the OSC is to hold employers responsible if they misuse E-Verify. Employers who misuse E-Verify will face fines, may lose their federal contracts, and may be debarred from the bid process on future federal contracts.
To avoid trouble with OSC employers should use E-Verify only according to the guidelines provided by the program and avoid using E-verify to:
- prescreen job applicants.
- verify work eligibility of current employees (unless a federal contract expressly requires E-Verify usage on existing employees).
- selectively check employee work eligibility based on citizenship status or suspicion that an employee may not be authorized to work in the U.S.
E-Verify states employers may not:
- terminate or take other adverse action based on an E-Verify tentative non-confirmation.
- ask an employee to obtain a printout or other written verification from the Social Security Administration confirming that the employee visited the office.
- ask an employee to provide additional documentation after receiving a tentative non-confirmation for the employee.
Employers should ensure they know the E-Verify rules and follow them. What you don’t know may cost you!
Tags: E-Verify, Employment Verification, everify, Form I-9, work authorization, work eligibility
E-Verify, Employee Verification, Federal Contractors | admin | 
April 5, 2010 1:59 pm
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