Immigration compliance and employment discrimination related to immigration compliance can put employers between a rock and a hard place. As more states require E-verify and the feds are ramping up enforcement against employers who misuse E-verify, it's important to get the facts.
Here are some basics for those who use E-verify:
- Employers must still complete I-9 forms.
- All new hires must be entered within three days of starting work.
- All new hires must be entered into the E-verify system for confirmation of eligibility to work, not just some of them.
- Employers cannot use E-verify to screen existing employees UNLESS a company been awarded a federal contract on or after September 8, 2009, that contains the Federal Acquisition Regulation (FAR) E-Verify clause (see more online).
- E-verify notifications of work eligibility are NOT determinations of a new hire's immigration status. That's not a matter for employers to decide, so don't play cop or make assumptions.
- When you receive a TNC (Tentative Non-Confirmation) notice from the system, be sure to print the notice, provide a copy to the employee and follow the directions. There are employer-specific instructions, as well as instructions for the new hire to follow.
- Log in to E-verify on a daily basis to check for updates on new hires until cases are resolved.
But there's a lot of other information that you need to know, so don't take this article as a definitive answer about the system, rather use it as an invitation to learn more about it if you're not using it - or to brush up on what you know if you are a current E-verify user.
The U.S. Customs and Immigration Services website has a helpful Question and Answer webpage as well as online webinars for those who want to know more about the system. The Justice Department has a useful online Dos and Don'ts resource as well.