E-Verify – Coming to a State Near You

Thus far in 2011, seven more States have jumped on the E-Verify bandwagon, bringing the number of states requiring employers to use the government database to 17.  Many cities and local municipalities are requiring E-Verify.  There are several bills pending, including one at the Federal level, that would require the use of E-Verify by almost every U.S. employer.

This is a list of the 17 States currently requiring E-Verify.  The information was provided by the National Conference of State Legislatures.

As part of your employment eligibility verification compliance plan, you should have a mechanism in place to monitor your state’s E-Verify requirements so you ensure you remain fully compliant.  At the Federal level, employers found guilty of violation may, depending upon the number of offenses committed within a 3 year period, lose their business licenses.  Each individual state requiring E-Verify will have their own penalties in place for employers who fail to comply with mandatory E-Verify rules.  It often includes fines and debarment from bidding on or receiving State issued contracts.

E-Verify is not a substitute for the Form I-9.  The employer and employee must complete the Form I-9 within 3 business days of the first day of work for pay.  The employer then enters information from the I-9 form into E-Verify.  E-Verify compares the information provided against 455 million records in the Social Security Administration (SSA) database and 80 million records in the Department of Homeland Security’s (DHS) immigration databases. Results are usually returned within a few seconds.

If a query cannot be confirmed instantly by DHS, the employer may receive a tentative non-confirmation (TNC) and will be required to verify the information provided is accurate and give the employee the opportunity to correct any bad data. In order to resolve a TNC, the employee will be directed to visit a SSA office or call a toll-free number to speak to a Department of Homeland Security representative.

For employers who do not have resources to add one more “job” to the on-boarding process, the Department of Homeland Security allows an employer to utilize a Designated Employer Agent.  An Employer Agent is usually a private consultant who is an E-Verify specialist.  The employer contracts with the independent Designated Employer Agent who utilizes the E-Verify system on the employer’s behalf.  This is an excellent solution for employers who are hiring only a few new employees each year or who are working on Federal or State contracts and need E-Verify for that purpose.

Although E-Verify may seem overwhelming, it is here to stay.  There are options for employers to implement it into their organizations.  Contact I-9 Okay, LLC if you have questions concerning E-Verify or need an E-Verify Designated Employer Agent.

States Jump on the E-Verify Bandwagon

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.

E-Verify releases revised FAQs for Federal Contractors

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.

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!

Did Employment Eligibility Verification Make Your List?

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.