After the recent arrest of a Mexican farmworker accused of killing a 20-year-old college student in Iowa, the farmworker’s employer claimed to have used E-Verify in the hiring the person.
The employer later retracted that statement, saying it actually had used the Social Security matching program.
Questions remain about the farmworker’s employment eligibility, and the employer’s contradiction left many other employers wondering whether their system of verification would identify individuals who were not eligible to work in the United States.
Federal law requires employees to complete a federal Form I-9 within three days of being hired. The Form I-9 requires that all employees show proof of identification and legal authorization to work in the United States.
Since it is illegal to hire anyone to work in the United States who is not otherwise eligible for employment, many employers seek to use a verification system. One method is to use the Social Security Administration’s website and provide the employee’s Social Security number provided by the employee.
Sometimes there is not a match, and the employer then must advise the employee of the need to explain the discrepancy. Even in cases where the Social Security number is valid, that does not always indicate eligibility to work in the United States.
Employers who want to reliably verify employment eligibility should use E-Verify, an internet program administered through the U.S. Citizenship and Immigration Services and the Social Security Administration as part of the Department of Homeland Security.
The program electronically confirms an employee’s eligibility to work in the United States.
When implementing use of E-Verify, employers enter into a memorandum of understanding with Homeland Security, which coordinates efforts between Homeland Security, the Social Security Administration and the employer.
All federal contractors must use E-Verify. In Virginia, anyone holding a state contract over a certain amount must also use E-Verify.
The use of E-Verify is otherwise voluntary for employers.
Despite the voluntary nature of the program, all employers should consider using E-Verify due to its reliability in identifying employment eligibility.
Pursuant to E-Verify, employers will be required to submit certain information electronically to Homeland Security, including information provided by the employee after completion of the Form I-9.
In most cases, response to the initial query is received within seconds of submitting the query, with a finding that the employee is authorized for employment.
In some cases, the employer receives a tentative non-confirmation, indicating that the authorization cannot be immediately verified. If this occurs, the employee will have 10 government workdays to provide proof of eligibility to Homeland Security or the Social Security Administration to resolve any discrepancy.
The employee will continue to work during this process.
If the employee fails to engage in the process, or fails to provide sufficient proof of eligibility, the employer should receive a notification that the employee’s authorization cannot be verified, and the employee would be terminated.
E-Verify gives employers assurance of compliance with federal immigration laws. While there is a layer of complexity implementing and fully complying with E-Verify, employers should view the value of immigration compliance.
Employers can enroll in E-Verify by registering online at https://www.e-verify.gov/.