E verify

What Is E-Verify?

E-Verify is an internet-based system operated by U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA). It allows enrolled employers to electronically confirm the employment eligibility of their newly hired employees in the United States. As a crucial element of U.S. employment law and compliance, E-Verify compares information from an employee's Form I-9, Employment Eligibility Verification, against government records to determine if the individual is authorized to work in the country. The system aims to reduce unauthorized employment and maintain a legal workforce.

History and Origin

The foundation for E-Verify was laid with the passage of the Immigration Reform and Control Act (IRCA) in 1986, which made it illegal for employers to knowingly hire or continue to employ unauthorized workers. To help employers comply, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 mandated the creation of employment eligibility verification pilot programs, one of which was known as the "Basic Pilot Program."¹⁸ This pilot program, managed initially by the Immigration and Naturalization Service (INS), later moved to USCIS.¹⁷ In 2007, the Basic Pilot Program was officially renamed E-Verify.¹⁶ Over the years, the program has evolved, integrating more data sources and refining its processes to improve accuracy and user experience.¹⁵ Information about the program, including its history and milestones, is provided by official government sources.¹⁴

Key Takeaways

E-Verify is an online system used by employers to verify the employment eligibility of new hires.
It electronically compares data from the employee's Form I-9 with records from the SSA and DHS.
While generally voluntary, E-Verify is mandatory for federal contractors and may be required by certain state labor laws.
The system aims to help employers comply with U.S. immigration laws and prevent unauthorized employment.
E-Verify has faced scrutiny regarding its accuracy and potential for errors.

Interpreting E-Verify

When an employer submits an E-Verify case, the system provides an immediate response, typically within seconds. The most common result is "Employment Authorized," indicating that the employee's information matched government records. In some instances, a "Tentative Nonconfirmation" (TNC) may occur, meaning the information did not match. This does not necessarily mean the employee is unauthorized to work; it could be due to data entry errors, name changes, or discrepancies in government records. The employee has a specific timeframe to resolve a TNC by contacting the relevant agency, such as the SSA or DHS.¹³ Employers are prohibited from taking adverse action against an employee based solely on a TNC. Proper interpretation of E-Verify results requires employers to follow strict guidelines to ensure fair treatment and maintain data integrity.

Hypothetical Example

Consider a small manufacturing company, "Alpha Manufacturing," that has just hired a new employee, John Smith. After John completes his Form I-9, providing his name, date of birth, and Social Security number, Alpha Manufacturing's human resources manager enters this information into the E-Verify system.

Data Entry: The HR manager logs into the E-Verify portal and inputs John Smith's details from his completed Form I-9.
System Check: E-Verify instantly compares John's information against databases maintained by the Social Security Administration and the Department of Homeland Security.
Result: Within moments, E-Verify returns an "Employment Authorized" status. This confirms that John Smith's information matches the government records, verifying his employment eligibility for the U.S. workforce.

If, for instance, John's name on his Social Security record was "Jonathan Smith" but he entered "John Smith" on his I-9, E-Verify might return a Tentative Nonconfirmation (TNC). In this scenario, Alpha Manufacturing would inform John of the TNC, and he would have the opportunity to contact the SSA to correct the discrepancy, ensuring the document verification process is complete.

Practical Applications

E-Verify is a critical tool in modern workforce management and is primarily applied in the hiring process across various industries. While most employers participate voluntarily, the program is mandated for federal contractors and may be required by certain state and local jurisdictions as a condition of business licensing or public contracts.¹²,¹¹

The system helps employers fulfill their employer responsibilities under federal immigration law, providing a streamlined method for confirming employment authorization. By using E-Verify, businesses aim to minimize risks associated with hiring individuals not authorized to work, thereby supporting legal immigration and safeguarding jobs for authorized workers. The instructions for completing the Form I-9, which is central to the E-Verify process, are available from U.S. Citizenship and Immigration Services.¹⁰

Limitations and Criticisms

Despite its role in compliance programs, E-Verify has faced criticisms regarding its accuracy, effectiveness, and potential impact on workers. One significant limitation is its susceptibility to identity theft and document fraud. If an unauthorized worker presents legitimate documents belonging to another person, E-Verify may incorrectly confirm employment eligibility because it verifies the document's validity rather than the individual's true identity.⁹

Reports by the Government Accountability Office (GAO) have highlighted challenges, including E-Verify's vulnerability to fraud and the potential for "tentative nonconfirmations" (TNCs) that may arise from inaccurate or outdated government records, leading to delays or even erroneous denials of employment for authorized workers.⁸ Some critics argue that an expansion of E-Verify could lead to a substantial number of authorized workers being wrongly denied employment due as a result of system errors.⁷ Additionally, privacy concerns have been raised due to the extensive personal data E-Verify processes and stores.

E-Verify vs. I-9 Form

E-Verify and the I-9 Form are closely related but serve distinct purposes in the employment verification process. The Form I-9, Employment Eligibility Verification, is a physical or electronic document that all U.S. employers must complete for every new hire, regardless of citizenship status. It requires employees to attest to their work authorization and present acceptable identity and employment authorization documents. The employer must physically examine these documents and certify that they appear genuine and relate to the individual.

In contrast, E-Verify is an electronic system that builds upon the information collected on the Form I-9. While the I-9 Form is a paper-based or electronic record that must be completed by all employers, E-Verify takes the data from that form (specifically, Sections 1 and 2) and submits it electronically to the SSA and DHS databases for a more robust, automated cross-check. Participation in E-Verify is generally voluntary, but completing the Form I-9 is a universal federal requirement. E-Verify, therefore, acts as an additional layer of electronic verification on top of the initial Form I-9 process.

FAQs

Is E-Verify mandatory for all employers?

No, E-Verify is not mandatory for all employers under federal law. However, it is required for federal contractors with specific clauses in their contracts, and some states have enacted their own laws requiring certain employers to participate.⁶,⁵

What happens if E-Verify returns a Tentative Nonconfirmation (TNC)?

If E-Verify returns a TNC, the employer must inform the employee, who then has the opportunity to resolve the mismatch directly with the relevant government agency (SSA or DHS) within a specified timeframe. The employer cannot terminate or take any adverse action against the employee based solely on a TNC.⁴

Can E-Verify be used to pre-screen job applicants?

No, employers are strictly prohibited from using E-Verify to pre-screen job applicants or re-verify existing employees unless they are a federal contractor with the specific FAR E-Verify clause. E-Verify should only be used after a job offer has been accepted and the Form I-9 has been completed.³ This helps prevent discrimination based on national origin or citizenship status.

How does E-Verify protect employee privacy?

E-Verify includes measures to protect privacy concerns and the security of personal data. The system is designed to use only the necessary information for employment eligibility verification and is subject to government privacy policies. Employees also have access to myE-Verify, a self-service portal, to monitor their own E-Verify cases and lock their Social Security numbers to prevent unauthorized use.²

Is there a cost for employers to use E-Verify?

No, E-Verify is a free, web-based service provided by the U.S. government for enrolled employers.¹