E-Verify Moves Toward Implementation

July 19, 9:25 PMChicago Workplace Issues ExaminerColette Verdun

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Every human resources professional knows the headaches of the I-9.  That’s the form that newly hired employees have to fill out to prove that they are legally entitled to work in the United States.  Employees submit a valid drivers license or other government supplied photo ID and a Social Security card or birth certificate or citizenship papers or documentation of their eligibility to work in the U.S.  It is the company’s responsibility (hence the human resource department’s) responsibility) to make sure that the identification and proof of eligibility to work in the U.S. appear to be valid.  Now although human resource people are intelligent and strive valiantly to ensure that the documents they receive are valid, a good forger can create identification that looks very valid indeed. 

In response to the issues associated with the I-9, the Department of Homeland Security created E-Verify, ““an Internet based system operated by the DHS in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.” [1]  The division of Homeland Security that deals with this issue is U.S. Citizenship and Immigration Services (USCIS).  (All quotations and information on E-Verify are from the USCIS website.)

USCIS is encouraging all employers to use “E-Verify.”  They say that it is “free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.” 

For federal contractors and subcontractors, E-Verify is mandatory.  They must agree to the insertion of language into their contracts that states that they will use E-Verify to confirm the legality of all workers hired during the term of a contract, and to confirm the employment eligibility of current employees (but only those who are actually performing contract services for the federal government within the United States).  Once E-Verify goes into effect, the contractors and subcontractors can discontinue use of the I-9.

The question, then, is when E-Verify will begin operation.  DHS had planned on a start date of June 30 for mandatory use of E-Verify and discontinuance of the I-9.  However, as often happens, glitches occurred and, the new planned start date of E-Verify for federal contractors and subcontractors is September 9. 

Federal contractors may NOT use E-Verify to verify current employees until the rule becomes effective and they are awarded a contract that includes the FAR E-Verify Clause. 

Since E-Verify has already been delayed once, it behooves federal contractors to keep an eye on the news.  It could be delayed again, or it could be put in place right on schedule.

If an employer is interested in participating in E-Verify on a voluntary basis, or if an employer is a federal contractor, the first step is to register online at:     https://www.vis-dhs.com/EmployerRegistration.

There are instructions at the site that will help you register.  At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you as the employer and DHS.

You and your management team must ask yourselves if are prepared for the results of E-Verify.  You may find out that your best machine operator is not legally allowed to work in the U.S. 

Since E-Verify was created by humans, there will always be slight flaws.  It is possible that E-Verify could produce a “no match on Social Security number” answer.  At that point, you should ask your employee or applicant to bring in their original Social Security card.  You can always call your local Social Security office for advice.  You should also keep your company attorney aware of what is happening if it is an employee whose Social Security number is in question.