Understanding E-Verify: Legality and Employment Applications

E-Verify is a powerful tool that the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) provide to employers to verify the employment eligibility of their workers. This service helps prevent the hiring of unauthorized workers and ensures a legal workforce.

What is E-Verify?

E-Verify is a free, web-based service that allows employers to electronically verify the employment eligibility of new hires. Employers can validate an employee's status by submitting biometric information, such as their Social Security number and date of birth, against government records. This system is designed to ensure that only individuals with the legal right to work in the United States are employed.

Employer Use of E-Verify during Employment Applications

Many employers use E-Verify to pre-screen applicants, but this practice is not permissible according to U.S. labor laws. Employers may not use E-Verify to screen applicants unless the candidate has been offered a position and has completed the mandatory Form I-9: Employment Eligibility Verification. This form requires the new hire to present and verify appropriate documents showing their work authorization.

Legality of Employers Using E-Verify

The legality of using E-Verify varies based on specific circumstances. Generally, participation in E-Verify is voluntary. However, there are several exceptions:

Federal Contractors: Most federal contractors are required to participate in E-Verify, as mandated by federal rules. State Requirements: Various states have enacted laws requiring employers to participate in E-Verify under specific conditions.

Employers who fail to comply with E-Verify requirements may face penalties and legal repercussions, such as fines or loss of federal contracts.

Legal Rights and Concerns

For job seekers, the only way to "bypass" E-Verify is to apply for employment with a company that does not use the system. If you have a legal right to work in the United States, there is no need to be concerned about being part of E-Verify. However, if your immigration status is in question, it may be wise to seek legal advice to ensure compliance with employment laws.

Conclusion

E-Verify is a tool that helps maintain a legal and secure workforce in the United States. While it is not mandatory for all employers, compliance is often required or encouraged. Job seekers can protect their rights by verifying whether a potential employer participates in E-Verify and by seeking legal guidance if necessary.

Resources

For more information on your rights as an employee under the E-Verify program, please visit:

Department of Homeland Security E-Verify U.S. Citizenship and Immigration Services