E-Verify is a central web-based system that enables registered organizations to verify the eligibility of the employees to work in the US. E-Verify organizations validate the identity and employment eligibility of new workers by electronically matching the information presented by workers on the Form I-9, on the basis of records available to the SSA (Social Security Administration) and the DHS (Department of Homeland Security).
E-Verify is an optional program. But, organizations with federal contracts that include the FAR (Federal Acquisition Regulation) E-Verify clause are obligated to register in E-Verify as a requirement of federal contracting. Also, organizations may be obliged to join in E-Verify if their states have a law mandating the use of E-Verify, like a requirement of business licensing.
Registering for E-Verify is correct or not for an organization depends on a number of factors. Here are some pros and cons to consider before registering for E-Verify.
Pros of E-Verify
- Some state and central government entrepreneurs are obligated to use E-Verify. The requirements for E-Verify is defined in the contract. At present, E-Verify is voluntary for most organizations, but some states need its use, and the central government may execute it compulsory for some organizations.
- Registered organizations can allow eligible foreign student workers in F-1 visa status as an extra 24 months of voluntary practical training. It can be beneficial in recruitment and retention as it enables an organization to continue to hire F-1 STEM students who have not acquired the H-1B lottery. Also, it enables an organization to hire some STEM students for 36 months without appealing for an H-1B.
- Employing E-Verify may help organizations to avoid getting Social Security “No-Match” messages.
- After the early weeks on E-Verify and the TNC method, organizations generally state that it is not hard and that results are instantaneous.
Cons of E-Verify
Signing up for E-Verify enables the SSA (Social Security Administration) and the Department of Homeland Security to check your data and information. The monitoring and Compliance unit of E-Verify analyzes the data every thirty days to determine whether standard statistical parameters are met or not. If E-Verify detects problems, it will inform the relevant government office that an inspection should be conducted. The Social Security Administration, the U.S. Citizenship and Immigration Services, ICE, and the Immigrant and Employee Rights Section from the Justice Department has a Memoranda of Understanding with E-Verify that enables data to be shared, which further leads to audits by the agencies.
The application of E-Verify by an organization will not minimize the risk of an I-9 audit fine.
In the organization, more than one staff needs to be trained to use E-Verify. The trained staff must stay up-to-date on advances. This task is time-consuming and costly.
E-Verify is not accessible when the United States government is closed down. When the database is reopened for use, it is only for a very short period of time, in which organizations can submit data for workers employed during the shutdown.
E-Verify may generate incorrect non-confirmations of employment authorization.
Attend the Compliance Prime webinar for more detailed information about the pros and cons of registering for E-Verify.
