Understanding E-Verify: How Does it Operate?

What is E-Verify?

E-Verify is a system used by employers in the United States to verify the eligibility of their employees to work in the country. It uses government databases to check the information provided by employees on Form I-9, which includes their name, date of birth, and Social Security number.

How Does E-Verify Work?

E-Verify operates as a government database check, and it does not store any personal information or make decisions about employment authorization. Instead, it provides a tool for employers to verify the work eligibility of their employees.

The E-Verify Process

The E-Verify process involves several steps, starting from the moment an employee starts working for a company that participates in the program. Here is a detailed look at how it works:

Step 1: Completion of Form I-9

Employers must complete the Form I-9 for each new hire. This form can be completed either on paper or online, depending on the company's preference. The employee must provide the following:

Personal information, such as name and date of birth Their Social Security number

Upon submission, the employee must sign and date the form.

Step 2: Presentation of Supporting Documentation

Based on the employee's immigration or citizenship status, they will be required to present certain documents from one of three lists:

List A - documents that directly prove employment eligibility, such as a U.S. passport or lawful permanent resident card List B - documents that can be combined with List A documents, such as a birth certificate and U.S. passport List C - documents that can be combined with documents from List B, such as a state driver's license with a federal form or a U.S. employer issued ID

The employee is responsible for providing the necessary documentation, and the employer is responsible for verifying its legitimacy.

Step 3: E-Verify Submission

Once the employee has provided the required documentation, the employer will submit the form details, including the document numbers and other identifying information, through the E-Verify system. This system is maintained by the U.S. Department of Homeland Security (DHS) and compares the submitted information with government databases.

Step 4: Matching and Verification

The E-Verify system will then return a response indicating whether the information matches the records in the database. If there is a match, a lengthy confirmation code is generated and recorded by the employer on the Form I-9 or within the E-Verify system.

Step 5: Non-Match Resolution

Should there be a non-match, the employer must provide the employee with an opportunity to explain the discrepancy. Possible reasons for non-match include:

An error in the submitted information An expired or canceled document An error in the name An error in the submission by the employer or DHS An error within the DHS database

If the non-match can be resolved, such as by submitting corrected information, a new case is created in the E-Verify system. If the non-match cannot be resolved, the employer may need to contact the employee to discuss further actions.

Conclusion

E-Verify is a vital system for ensuring compliance with U.S. immigration laws. By understanding the process and the steps involved, employers can effectively utilize E-Verify to verify the work eligibility of their employees. It's essential for all employers to familiarize themselves with the E-Verify process to ensure they remain in compliance.