This Article Is Authored By MSI Global Talent Solutions
E-Verify is a U.S. Department of Homeland Security (OHS) website that allows businesses to determine the eligibility of both U.S. and foreign citizens to work in the United States. It is an Internet-based program that is free and maintained by the U.S. government. The use of E-Verify depends on each state; some have mandated its use, while others discourage the program. It is important to note that no Federal law requires the use of E-Verify. Should companies use E-Verify, certain rights and responsibilities apply and must be adhered to protect the employee.
What Does E-Verify Do?
E-Verify compares information from an employee's Form I-9 Employment Eligibility Verification) to data from U.S. government records. Simply put. if the information matches, that employee is eligible to work in the United
States If there is a mismatch, E-Verify alerts the employer, and the employee is allowed to work while he/she/they resolve the problem. The employee must contact the appropriate agency to determine the mismatch within eight federal government workdays from the referral date.
Employers must maintain the integrity of the employer/employee confidentiality agreement by preserving their worker's right to privacy. Should an employee believe the company is not following E-Verify OHS government standards outlined in the Employee Rights summary, the employee has the right to report the issue.
Workers interested in securing work at a company that utilizes E-Verify must be made aware of using the E-Verify system. Employers are required to post the E-Verify "Notice of Participation" and Department of Justice "Right to Work" posters in both English and Spanish. Employers must post the notifications in a conspicuous location where potential workers and all employees whose employment eligibility will be confirmed by E-Verify may see them. The business should provide a copy of these materials within the job application process, whether in physical form or online. The material must be supplied throughout onboarding as well
Tentative Non-Conformation (Mismatch) for the Employee
Should an E-Verify case be determined initially as a mismatch, the employer must provide the prospective employee with a "Further Action Notice" in English and translated version (if applicable) with instructions to remedy the discrepancy.
The prospect can take action to rectify a mismatch without facing any negative consequences as a result of the mismatch within guidelines set by the OHS or the Social Security Administration (SSA). The process includes a Referral Date Confirmation that specifies the timeframe within which the employee must contact the OHS to resolve the mismatch.
Guidelines for Employers Utilizing E-Verify
E-Verify may not be used to discriminate against any individual based on citizenship, immigration status, race, color, religion, sex (including pregnancy), gender identity and sexual orientation, national origin, age (40 or older),
disability or genetic information.
If a current employee is, the employer may not use E-Verify to verify the employee's identity. (There is an exclusion for federal contractors)
Employers may not terminate or take any other adverse action against a prospective employee (such as refusing employment, delaying training, withholding pay or otherwise presuming that he/she/they are not allowed to work) because that individual chooses to settle a mismatch or because the mismatch case is still ongoing with
OHS or SSA.
Guidelines for Prospective and Current Employees
It is the obligation of prospective and current employees to ensure the information on Form I-9, Employment Eligibility Verification is accurate.
Form 1-9 must state the individual's full legal name. It is important to review tips to avoid a tentative non-confirmation (mismatch). (IMPORTANT: If you have recently changed your name, citizenship, or immigration
status, please tell the Social Security Administration. Ensuring that your SSA data is accurate will reduce your chances of receiving an SSA mismatch.)
If the employer advised the E-Verify was rejected: Prospective and current employees must examine the further Action Notice to check personal information are valid and inform the employer should there be discrepancies.
Decide what measures can be taken to correct the discrepancy and notify the employer. (IMPORTANT: If steps are not taken within the appropriate timeframe to remedy a mismatch, the employer has the right to terminate your employment)
Sign and return the Further Action Notice to the employer.
For further information. Please refer to https://www.e-verify.gov/employers/verification-process/tentative-nonconfirmations-mismatches. The E-Verify System is found online on the Department of Homeland Security website: https://www.e-verify.gov/, which supports both employer and employee needs.