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To E or not to E…. Is E-Verify right for your business? To E or not to E…. Is E-Verify right for your business?

To E or not to E…. Is E-Verify right for your business?

As a tool to assist employers in confirming an employee's authorization to work in the US, the Social Security Administration and Department of Homeland Security developed the E-Verify system.  E-Verify is a free, internet-based system that allows employers to determine the eligibility of prospective employees to work legally in the US.   E-Verify identifies work authorization of prospective employees by comparing information from an employee's Form I-9  to data from SSA and DHS records to confirm employment eligibility, verifying  this data against millions of government records and providing  instant results in many cases. Because E-Verify is administered by the federal  government, it would seem the most risk-free way for employers to ensure a legal workforce.

E-Verify is used nationwide by more than 500,000 employers of all sizes  and at more than 1.4 million hiring sites.  A number of states require the use of E-verify and it is mandated on a federal level for certain public and private employers.  For those employers not required by law to use E-Verify, the employer who wishes to use E-Verify must enter into a Memorandum of Understanding with the federal government before the system can be used to verify work authorization of employees.  Both mandated and voluntary participation expose the employer to additional government oversight including periodic  SSA and DHS audits, which may weigh against its use for some employers.

On June 22, 2014, E-Verify  released a new set of enhancements including flagging duplicate cases, updating functionality of notices, and updating and validating user information when passwords expire. Going forward, users must also complete a refresher tutorial prior to accessing E-Verify. 

If you have questions on whether E-Verify is right for your company, please contact any other member of Ice Miller’s Immigration Group.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances. 
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