E-Verify is an internet based system operated by the United States Citizenship and Immigration Services (USCIS) in partnership with Social Security Administration (SSA). All federal contractors and vendors are required to use E-Verify to confirm employee eligibility to work in the United States. E-Verify is free and available in all 50 states. Some states have passed laws making E-Verify mandatory for certain businesses and other states require it for all employers.
The USCIS is proposing modifications to the current E-Verify program. While it’s clear that these modifications will enhance the functionality of the E-Verify program, many leaders strongly believe that these modifications will add additional burdens to an already heavily regulated HR landscape.
Three E-Verify Proposed Enhancements:
- Final Nonconfirmation (FNC) — Allows employees to contest FNCs that they feel have been issued in error. A new process that allows the employees to request a review of their FNCs will replace the current manual review process.
- Reverification — Requires employers to use E-Verify to reverify employees whose work authorization has expired. This includes employees who were hired before the employer signed the E-Verify Memorandum of Understanding (MOU).
- Updated MOUs — Revisions have been made to the E-Verify MOUs to support the proposed business processes.
- Streamlined Tentative Nonconfirmation (TNC) Processes
- To provide employees with greater access to E-Verify information, USCIS has simplified the TNC process to streamline the notice that an employer provides to the employee. USCIS has also designed new email messages to communicate directly with the employee regarding Social Security Administration and Department of Homeland Security TNC notices.
Will Enhancements to E-Verify Provide Improved Functionality for Employers?
If these proposed changes take effect then responsibility lies with the employer to ensure compliance with all the E-Verify procedural updates by the effective date of change.
Let’s face it, the government will track your employees work authorization status, and you’ll be faced with increased paperwork and stricter deadlines. For instance, an E-Verify case is considered late if it’s filled out after the 3rd day an employee first started work.
Additionally, E-Verify’s Office of Monitoring and Compliance does regularly review enrolled companies records for irregularities, inconsistencies and also impermissible conduct, such as discrimination. Any perceived or actual misuse of the E-Verify system has, in some cases, resulted in audits of employers’ Form I-9 files.
Employers faced with tight deadlines are advised to consult leading HR experts when faced with difficulties in complying with E-Verify. Your time is valuable.
CJC Human Resources Consultants are equipped to handle all regulatory compliance requirements, including E-Verify and the new ACA mandates starting early in 2016.