January 2014 Newsletter
Why We Recommend Using E-Verify
E-Verify is an online program employers can use to verify the eligibility of employees. Having correct I-9 forms is obviously important, however you can further protect your company by using the E-Verify system. Currently, most companies are not required to use E-Verify. But if a company decides to use the program they receive a “rebuttable presumption” that their company is in compliance with Form I-9 and employment eligibility laws. Furthermore, using E-Verify is fast, and free.
E-Verify In a Nut Shell
Some states are starting to require employers to use E-Verify. Currently nine states (Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Utah) require the use of E-Verify by all or most employers.
E-Verify is voluntary, except for the states listed above and federal contractors. If an employer decides to use E-Verify they are subject to certain requirements.
1) Postings. Employers agree to post two notices, in both English and Spanish.
2) Following E-Verify Procedures. This includes an agreement not to use E-Verify selectively or for unauthorized purposes.
-For example, employers cannot use E-Verify for pre-employment screening (i.e. prior to a conditional offer of employment).
3) Non-Discrimination. Employers agree not to discriminate based on national origin. This includes not taking action against employees who challenge their E-Verify results.
4) Self-Reporting. Employers must notify the Department of Homeland Security (DHS) if they continue to employ an employee after receiving a final non-confirmation. Failure to do so will result in penalties.
5) Cooperation with DHS/Social Security Administration. This includes responding to requests for information by the agencies and allowing DHS and SSA to review employment records and conduct interviews.
The takeaway being: If you decide to use E-Verify you must use it on all new hires. Employers who selectively use the system open themselves up for discrimination claims.
How To Use E-Verify
First, as noted above, for most businesses participation in E-Verify is voluntary.
Before you can start using E-Verify, you need to enroll your company in the program. You can enrollhere. After you enroll you can register yourself and others to use the system.
Next, you must have a completed I-9 form. Regardless of whether you participate in E-Verify you must complete the I-9 form no later than 3 business days after the employee begins work for pay. Similarly, an E-Verify case must also be created no later than 3 business days after the employee begins work.
After you complete the case you should (in most cases) receive results instantly. If E-Verify tells you “Employment Authorized” you are finished. You will want to print out the confirmation, or write the verification number on the I-9 and then you can rest easy knowing your company is compliant.
In some cases the system may not immediately verify the employee, but you should have the results within one day. Also, if the employee information does not match government records you will see a tentative nonconfirmation (TNC) response. The first thing to do in this instance is to carefully review all the information you entered to make sure there wasn’t a typographical error. If it was just a typo, close the case and create a new case for the employee with the correct information.
It is important to note that a TNC does not mean an employee is unauthorized to work or is an illegal immigrant, it simply means the government records do not match the I-9, which could happen for legitimate reasons. Therefore, do not take any action against the employee - just wait for more information.
CAUTIONARY NOTE:
If your company does use E-Verify it is crucial that you use the system for all new employees. If you “pick and choose” which employees are entered into the system you could be liable for discrimination.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
E-Verify is an online program employers can use to verify the eligibility of employees. Having correct I-9 forms is obviously important, however you can further protect your company by using the E-Verify system. Currently, most companies are not required to use E-Verify. But if a company decides to use the program they receive a “rebuttable presumption” that their company is in compliance with Form I-9 and employment eligibility laws. Furthermore, using E-Verify is fast, and free.
E-Verify In a Nut Shell
Some states are starting to require employers to use E-Verify. Currently nine states (Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Utah) require the use of E-Verify by all or most employers.
E-Verify is voluntary, except for the states listed above and federal contractors. If an employer decides to use E-Verify they are subject to certain requirements.
1) Postings. Employers agree to post two notices, in both English and Spanish.
2) Following E-Verify Procedures. This includes an agreement not to use E-Verify selectively or for unauthorized purposes.
-For example, employers cannot use E-Verify for pre-employment screening (i.e. prior to a conditional offer of employment).
3) Non-Discrimination. Employers agree not to discriminate based on national origin. This includes not taking action against employees who challenge their E-Verify results.
4) Self-Reporting. Employers must notify the Department of Homeland Security (DHS) if they continue to employ an employee after receiving a final non-confirmation. Failure to do so will result in penalties.
5) Cooperation with DHS/Social Security Administration. This includes responding to requests for information by the agencies and allowing DHS and SSA to review employment records and conduct interviews.
The takeaway being: If you decide to use E-Verify you must use it on all new hires. Employers who selectively use the system open themselves up for discrimination claims.
How To Use E-Verify
First, as noted above, for most businesses participation in E-Verify is voluntary.
Before you can start using E-Verify, you need to enroll your company in the program. You can enrollhere. After you enroll you can register yourself and others to use the system.
Next, you must have a completed I-9 form. Regardless of whether you participate in E-Verify you must complete the I-9 form no later than 3 business days after the employee begins work for pay. Similarly, an E-Verify case must also be created no later than 3 business days after the employee begins work.
After you complete the case you should (in most cases) receive results instantly. If E-Verify tells you “Employment Authorized” you are finished. You will want to print out the confirmation, or write the verification number on the I-9 and then you can rest easy knowing your company is compliant.
In some cases the system may not immediately verify the employee, but you should have the results within one day. Also, if the employee information does not match government records you will see a tentative nonconfirmation (TNC) response. The first thing to do in this instance is to carefully review all the information you entered to make sure there wasn’t a typographical error. If it was just a typo, close the case and create a new case for the employee with the correct information.
It is important to note that a TNC does not mean an employee is unauthorized to work or is an illegal immigrant, it simply means the government records do not match the I-9, which could happen for legitimate reasons. Therefore, do not take any action against the employee - just wait for more information.
CAUTIONARY NOTE:
If your company does use E-Verify it is crucial that you use the system for all new employees. If you “pick and choose” which employees are entered into the system you could be liable for discrimination.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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