Electronic verification is an Internet-based system operated by the United States Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to confirm their employees’ eligibility to work in the United States by electronically comparing information provided on Form I-9 (Employment Eligibility Verification)against records in government databases.
How does electronic verification work?
Employers who choose to use E-Verify must first enroll in the program and agree to comply with its rules and regulations. Once registered, they can submit the information provided by newly hired employees on their Form I-9 to the E-Verify system. This information typically includes the employee’s name, date of birth, Social Security numberand citizenship status.
E-Verify then compares this information with records held by DHS and SSA to confirm the employee’s eligibility to work in the United States. If the information matches and the employee is authorized to work, E-Verify will return confirmation of their employment eligibility. If there is a discrepancy or problem, E-Verify will provide an attempted disconfirmation (TNC), and the employer and employee will be given instructions on how to resolve the discrepancy.
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Should all US businesses use E-Verify?
Participation in E-Verify is generally voluntary for most employers, but some states have laws mandating its use for certain businesses. Some federal contractors and subcontractors are also required by law to use E-Verify as a condition of their contract.
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You can search for E-Verify participating employers on the government website. here.
Implications for employers and employees
For employers
- Voluntary or obligatory: As noted above, E-Verify is not required for most private employers. Laws regarding E-Verify vary by state, in addition to distinctions between the private and public sector.
- Legal obligations: Employers who choose to use E-Verify must ensure compliance with the program’s rules and regulations, including the proper management of TNCs and protection of employee privacy.
- Simplified verification: E-Verify can speed up the employment verification process, helping employers hire eligible workers more efficiently.
For the employeeare
- Privacy Concerns: Employees may have concerns about the privacy and security of their personal information when it is submitted to E-Verify.
- Immigration rights: Many immigration advocates also warn that the program may dissuade immigrant workers from applying for certain positions due to fear of retaliation or negative impacts on their immigration status. Overall, it is important for employees to know their rights under the program before pursuing a job opportunity. For more information you can find here. NOTE: All employees have the right to know if their employer participates in E-Verify.
- Resolution of discrepancies: If a TNC is issued, employees must follow the process outlined by E-Verify to resolve the discrepancy and confirm their eligibility for work.
- Eligibility for employment: Successful verification through E-Verify generally confirms an employee’s eligibility to work in the United States.
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