E-Verify is a system used by employers in the United States to electronically verify the employment eligibility of new hires. Here's a breakdown of how it works:
1. Employer Submission:
- An employer uses the E-Verify system to submit an employee's Form I-9 (Employment Eligibility Verification) data. This includes the employee's name, Social Security Number, date of birth, and citizenship/immigration status.
2. Data Verification:
- E-Verify compares the employee's data with government databases, such as Social Security Administration and Department of Homeland Security records. This happens in real-time, and the system checks for matches and potential discrepancies.
3. Results:
- E-Verify generates one of three results:
- Authorization: This means the employee's information matches government records, and they are authorized to work in the United States.
- Tentative Non-Confirmation: This indicates a possible mismatch in the employee's data. The employer will need to notify the employee and provide them with the opportunity to resolve the discrepancy within 8 days.
- Non-Confirmation: This means the employee's information did not match government records, and they are not authorized to work in the United States.
4. Further Steps:
- If the employer receives a tentative non-confirmation, the employee can provide additional documentation or contact the appropriate government agency to address the issue.
- If the employer receives a non-confirmation, the employee has 10 days to take corrective action, such as providing further documentation. If the employee fails to take corrective action, the employer must terminate their employment.
Key Points:
* Mandatory: Participation in E-Verify is mandatory for federal contractors and some state and local government employers. It is also optional for other employers.
* Legal Requirement: E-Verify is a legal requirement to verify employment eligibility, not to conduct immigration enforcement.
* Privacy Protection: E-Verify is designed to protect employee privacy by only accessing data relevant to employment verification.
Benefits of E-Verify:
* Efficient: It streamlines the employment verification process, reducing paperwork and processing time.
* Accurate: It increases the accuracy of employment eligibility verification, reducing the risk of hiring unauthorized workers.
* Compliance: It helps employers comply with federal and state laws regarding employment eligibility verification.
Limitations of E-Verify:
* False Positives: The system can sometimes generate inaccurate results, leading to wrongful termination of employees.
* Data Errors: Mistakes or typos in employee data can lead to incorrect results.
* Limited Scope: E-Verify only checks for employment eligibility, not immigration status.
Overall, E-Verify is a valuable tool for employers to ensure compliance with employment eligibility laws. However, it's essential to understand its limitations and use it responsibly.