Do Companies Need to Be e-Verified to File an E-Verify Case for an Employee?

E-Verify is a federal system that allows employers to electronically verify the employment eligibility of U.S. workers and non-citizens. It’s a straightforward process, primarily involving the input of an individual’s Social Security number, which then checks with government databases for verification if the person is authorized to work in the United States. This system, while useful, does not provide extensive details beyond basic employment eligibility.

Understanding E-Verify

E-Verify is a secure, user-friendly tool that verifies employment eligibility through a comparison of the worker’s information against the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases. It aims to help employers ensure they are hiring workers who are legally eligible to work in the United States. For individuals seeking to verify their own eligibility, it's a straightforward process that can be accessed online. However, when it comes to employers, the process and requirements are somewhat more complex.

How E-Verify Works for Employers

When an employer hires a new employee, they can use E-Verify to check the employment eligibility of that worker. However, the employer is not required to file an “E-Verify case” in the traditional sense. Instead, they electronically submit an employee’s information, typically via a web system, to check their eligibility. This process is generally straightforward and typically involves verifying the worker’s Social Security number, date of birth, and employment authorization.

Legal Compliance and Documentation

While employers do not have to file an “E-Verify case,” they must provide necessary documentation and comply with certain legal requirements. Employers are required to complete Employment Eligibility Verification Forms (Form I-9) for all new hires, as mandated by the U.S. Citizenship and Immigration Services (USCIS). These forms are crucial for establishing the identity and employment eligibility of the new employee. In addition, employers may use E-Verify as a method of verifying the information on Form I-9 if both the worker and the employer agree and if the worker’s I-9 has been successfully verified by E-Verify.

The Role of E-Verify in Verification

E-Verify can be a valuable tool for employers to ensure legal compliance and facilitate the employment process. However, the misnomer that employers need to “file an E-Verify case” can lead to confusion and unnecessary worry. As long as the employer complies with the legal requirements, including proper completion of Form I-9 and use of E-Verify if chosen, they can verify the employment eligibility of their employees in a straightforward manner.

Compliance Tips for Employers

To ensure compliance with E-Verify and related employment laws, employers can take several steps:

Complete Form I-9: Carefully complete and store this form for at least three years after the employee’s hire date to maintain records. Use E-Verify: If chosen, use E-Verify to check the worker’s eligibility, ensuring both the worker and the employer agree to this process. Keep Records Up-to-Date: If the E-Verify result indicates any discrepancies, update the worker’s record accordingly and maintain these changes in your employment records.

By following these steps and understanding the role of E-Verify, employers can ensure they are in compliance with U.S. employment laws and provide a legal and secure hiring process.

Conclusion

In summary, companies do not need to "file an E-Verify case" in the traditional sense. Instead, the process revolves around using E-Verify to electronically verify a worker’s employment eligibility. Understanding the E-Verify system, compliance requirements, and documentation processes is key to navigating the employment verification process effectively and legally.