E-Verify
The electronic employment-verification system (“E-Verify”) is a program used by employers to verify whether a new hire is authorized to work in the U.S. (this includes verifying U.S. citizens). E-Verify takes information provided on Form I-9 Employment Eligibility Verification (which must be fully completed by employers within an employees first 3 working days or 1 working day where the employment is shorter than 3 days) and verifies it against government records from agencies such as the Social Security Administration. Currently E-Verify is not mandatory in Texas, but it is mandatory in some states and some federal contractors must use it. As of now it seems promising that this system will be mandatory nationwide as both the House and Senate have similar provisions in bills. For those employers who use E-Verify, they must enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.
After inputting the information of an employee, E-Verify will provide the employer with results in seconds. Where the information matches government records the employee is authorized to work in the U.S. and may continue the employment. On the other hand, where the information does not match government records the employer will receive a message of “Tentative Nonconfirmation” and may not terminate the employee where the employee seeks to contest this. If this is the case, the employer must print out a letter containing instructions for the employee to contest the mismatch. The employee is given 8 federal government working days to resolve this. Once resolved, E-Verify will inform the employer of the results. In some cases it takes longer than the 8 federal government working days to resolve and E-Verify will inform the employer of such. The employer may only terminate an employee after receiving a “Final Nonconfirmation.”
For more information on E-Verify please visit www.uscis.gov and search “e-verify.” As always, if you have any questions regarding the law it is best to seek the help of an attorney.
By: Elizabeth Oaxaca
Elizabeth Oaxaca is an Associate at Alimohammad & Zafar, PLLC. She specializes in immigration, family, probate, and guardianship law. She volunteers her immigration skills with several organizations in the Houston and surrounding areas, and has written on numerous immigration topics. She received her undergraduate degree from the University of St. Thomas in 2008 and her law degree from the University of Houston in 2011.
The electronic employment-verification system (“E-Verify”) is a program used by employers to verify whether a new hire is authorized to work in the U.S. (this includes verifying U.S. citizens). E-Verify takes information provided on Form I-9 Employment Eligibility Verification (which must be fully completed by employers within an employees first 3 working days or 1 working day where the employment is shorter than 3 days) and verifies it against government records from agencies such as the Social Security Administration. Currently E-Verify is not mandatory in Texas, but it is mandatory in some states and some federal contractors must use it. As of now it seems promising that this system will be mandatory nationwide as both the House and Senate have similar provisions in bills. For those employers who use E-Verify, they must enroll at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.
After inputting the information of an employee, E-Verify will provide the employer with results in seconds. Where the information matches government records the employee is authorized to work in the U.S. and may continue the employment. On the other hand, where the information does not match government records the employer will receive a message of “Tentative Nonconfirmation” and may not terminate the employee where the employee seeks to contest this. If this is the case, the employer must print out a letter containing instructions for the employee to contest the mismatch. The employee is given 8 federal government working days to resolve this. Once resolved, E-Verify will inform the employer of the results. In some cases it takes longer than the 8 federal government working days to resolve and E-Verify will inform the employer of such. The employer may only terminate an employee after receiving a “Final Nonconfirmation.”
For more information on E-Verify please visit www.uscis.gov and search “e-verify.” As always, if you have any questions regarding the law it is best to seek the help of an attorney.
By: Elizabeth Oaxaca
Elizabeth Oaxaca is an Associate at Alimohammad & Zafar, PLLC. She specializes in immigration, family, probate, and guardianship law. She volunteers her immigration skills with several organizations in the Houston and surrounding areas, and has written on numerous immigration topics. She received her undergraduate degree from the University of St. Thomas in 2008 and her law degree from the University of Houston in 2011.
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