Most of you have heard about E-Verify for employers but you may not be paying close enough attention because you don’t think it is something you need to think about. Well, you might want to think again! The federal government already requires employer’s with federal contracts to use E-Verify for any employee assigned to the contract. Many states are passing laws requiring employers to use E-Verify and many more state have legislation pending.
As of today, 16 states require E-Verify in some capacity. Arizona, Utah, South Carolina, and Mississippi require all employers to use E-Verify. Idaho, Colorado, Nebraska, Minnesota, Missouri, and Georgia require state agencies and employers with state contracts to use E-Verify. Virginia and North Carolina require state agencies to use E-Verify and several cities and municipalities have passed their own legislation.
E-Verify uses the Department of Homeland Security (DHS) and the Social Security Administration databases to verify employment eligibility to work in the United States. After signing up to use E-Verify, the employer inputs information gathered on the Form I-9 into the E-Verify system to confirm the work eligibility of an individual in just a few seconds. Unfortunately, the process of signing up and receiving approval for E-Verify can be cumbersome…but there is a simple solution.
An employer may contract with an E-Verify Designated Agent to utilize the federal database without having to go through the hassle of signing up, taking the training, and passing the mastery test. An E-Verify Designated Agent is authorized to use E-Verify to check the employees of any company, with their permission of course.
Using a Designated Agent is a good solution for companies that don’t want to spend valuable resources on an administrative task. It is a great solution for HR departments that are already stretched to the limit and can’t begin to think about adding one more thing to their busy schedules.
I-9 Okay is an E-Verify Designated Agent. We are able to assist companies, large and small, with all of their E-Verify and Form I-9 compliance concerns. E-verify has very specific rules of use…what you don’t know could hurt your company. The E-Verify specialists at I-9 Okay are experts in helping employers navigate the complex rules concerning E-Verify requirements and Federal contracts. Contact us today.
USCIS (U.S. Citizenship and Immigration Services) released a new 18 page FAQ report for Federal contractors who are required to use E-Verify under Executive Order 12989.
Most Federal contracts awarded or renewed after September 8, 2009 contain what is known as the FAR (Federal Acquisition Regulation) E-Verify clause. Some Federal contracts are exempt from the requirement. A contract is considered exempt if one or more of the following apply:
- The contract is for fewer than 120 days
- It is valued at less than $100,000
- All work on the contract is performed outside the U.S.
- The contract includes only commercially available off-the-shelf (COTS) items and services (most food and agricultural products fall into the COTS category)
The E-Verify Federal contractor rule requires most Federal contractors to use E-Verify for all new employees, even if the employees are not assigned to the Federal contract. There are a few exceptions to the rule. The Supplemental Guide for Federal Contractors has specific information concerning these rules.
Employers with Federal contracts or those who are interested in bidding on Federal contracts must be fully informed concerning E-Verify. Failure to follow the rules may lead to debarment from being awarded government contracts or being allowed to bid on Federal contracts. Misuse of the E-Verify system may also subject an employer to discrimination charges.
The E-Verify specialists at I-9 Okay are experts in helping employers navigate the complex rules concerning E-Verify and Federal contracts. Contact us today.
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!
It’s nearly the end of February. How are those New Year’s resolutions going for you? Many of us have already abandoned our well intentioned resolve to eat healthier, exercise more, be more patient, read more, watch less TV, and so many other things that are deemed “good for us”. The New Year is also often a time of reflection.
Looking back to 2009, it is apparent that times they are a-changin. 2009 was a year of significant government initiatives. A new Form I-9, Employment Eligibility Verification was released with significant changes and limiting the types of acceptable documents a new hire can present.
U.S. Immigration and Customs Enforcement (ICE) issued record numbers of Notices of Inspection (NOIs) to employers across the country and collected millions of dollars in Form I-9 non-compliance fines.
The Social Security No-Match regulation was abandoned, leaving employers with little or no guidance of appropriate action to take when an employee’s Social Security number is questioned.
E-Verify was made mandatory for most federal contractors via new FAR regulations, effective on September 8, 2009. Many states took immigration reform into their own hands and passed laws requiring employers to use E-Verify.
Employment Eligibility Verification for 2010 and Beyond…
2010 promises to be as challenging. ICE continues to visit employers, issuing Notices of Inspection, and fining employers for Form I-9 non-compliance. As in 2009, many employers are caught unaware of the financial risk associated with errors and omissions on the form. Unfortunately, too many employers have a false sense of security concerning I 9 compliance.
Moving forward into 2010 and beyond, employers must make the “New Year’s Resolution” to focus on I 9 compliance. The Form I-9 is the very best defense an employer has against allegations of knowingly hiring undocumented workers. Make a commitment to a company policy of regular I 9 audits. This is a great first step in achieving employment eligibility verification compliance.
The rules are clear – Federal Contractors who use E-Verify must take an E-Verify tutorial or a refresher if they have previously taken the training to learn how to properly manage E-Verify results. Federal Contractors must pass a mastery test before they can use E-Verify.
Alternately, a company may choose to use a DHS (Department of Homeland Security) approved Designated Agent, like I-9 Okay, to eliminate this requirement. As a Designated Agent I-9 Okay is responsible for accessing E-Verify on behalf of our clients. I-9 Okay eliminates the need for a company to spend valuable time and resources on the tutorial and mastery test and monitors E-Verify for new hire confirmation and non-confirmation updates. This can add up to substantial savings for an employer and give peace of mind knowing that employment verification is done right the first time.
The I 9 Compliance experts at I-9 Okay allow business owners to focus on running their business by leaving the complex issue of employment eligibility verification and E-Verify to us. We will show you how we can save you time and money while ensuring your company is in full Form I 9 compliance.
E-Verify, Employee Verification, Federal Contractors | admin | 
May 6, 2010 11:08 am | 
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