As an employer, it is your responsibility to verify a new employee’s eligibility to work in the United States. For most employers, this can be easily accomplished by requesting two forms of identification, including a Social Security card, as instructed by Form I-9. This is effective in the majority of cases, but there are circumstances where individuals who were not eligible for employment in the U.S. submitted fake social security cards. In order to prevent this from occurring, many employers have turned to a federally-backed system known as “E-Verify.”
What Is E-Verify?
In recent times, the Social Security Administration has partnered with the Department of Homeland Security in order to create a central database of valid Social Security numbers and the names of the individuals the numbers belong to. This system is called “E-Verify,” and it allows participating companies to verify whether an employee is authorized to work in the United States in just a few seconds. If an individual is in possession of a Permanent Resident Card (green card), the system will display his or her photograph as well as the individual’s Employment Authorization Document. Despite the efficiency of this system, employers will still need to complete and file an I-9 for each new worker.
As an employer, you may be wondering whether you are legally obligated to use E-Verify. In some states, this method of verification is required for all public and private employers, but it is not required in others. Certain types of federal contractors are also required to use E-Verify if they wish to provide the government with products or services. Simply put, whether you are required to utilize E-Verify depends on the state you live in and the industry you work in.
Using the System
If you are required to use E-Verify, you will need to enroll with the Department of Homeland Security first. The enrollment process is entirely online, and you will be required to provide basic information about your company or organization. Once you are enrolled, you will be able to log into the system with a unique user-ID and password. Before you begin, new users will be prompted to complete a tutorial before being able to use the system on their own. After you finish the tutorial, you can access your new employees’ Social Security numbers.
In short, there are three steps to the E-Verification process for employers. They are as follows:
•Create a case
•Get the results of your case
•Close the case
After enrolling in the program, you will receive explicit instructions regarding each step of the process.
Periodically, the E-Verify database may not be able to match an employee with a Social Security number using the information you provided. When this occurs, you will receive an “Employment Authorized” response. In some cases, you may even receive a “DHS Verification in Process” response, meaning that a manual review of the employee’s information will need to be performed by the appropriate authorities. If this happens to you during the hiring process, you will not be able to immediately employ the candidate.
On the other hand, if the information does not return a match, you will receive a “tentative non-confirmation,” or TNC. This will require both the employee and employer to take the appropriate steps towards resolving the issue. If you receive a TNC, it does not necessarily mean your new hire will not be able to work for you. You simply must contact government authorities to receive clearance.
Find Employment Status With Ease
Using the E-Verify system can be highly beneficial to your business and employees. In just a few short steps, you can find out the employment status of any worker in the country. This system guarantees that all of your employees are legally able to work in the United States, freeing you from the burden of having to prove this on your own.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.