E-Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. While voluntary for most employers and relatively easy to use for all, registering for and using the E-Verify system, without first performing an internal Form I-9 audit and ensuring you have adequate HR resources to complete the E-Verify process in a timely manner, could have serious consequences.
Problems can arise when E-Verify is used incorrectly by an employer. This improper or incorrect use of E-Verify can lead to an investigation from the U.S. Department of Justice Office of the Special Counsel for Immigration-Related Unfair Employment Practices (OSC). Improper or incorrect use could include anything from listing too many List A documents, not running the E-Verify query within the mandated three day after hire timeframe, using E-Verify to pre-screen applicants or using E-Verify to verify the entire workforce. These independent investigations can lead to hundreds or thousands of dollars in fine and penalties. Therefore, it is our recommendation that before you register for and begin using E-Verify, you contact your immigration attorney to carefully review the pros and cons of using E-Verify and to make sure your company is in the best position to head off any potential issues.