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E-Verify, Should I Be Participating As An Employer?

With immigration making headlines daily, your organization may have concerns about hiring illegal workers. What is the best way to vet your employees?

Here’s a quick overview of E-Verify solutions in WNY.

What Is E-Verify?

Regulated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA), E-Verify is an Internet-based tool that confirms the eligibility of workers. Once a candidate accepts an offer of employment and completes a Form I-9, the employer enters the information into E-Verify. Within 3 to 5 seconds, the website produces a result of either Employment Authorized, the employee may work in the United States, or Tentative Nonconfirmation (TNC), the employee’s information does not match with government records. Individuals may contest a TNC ruling if they believe it is incorrect.

What Are the Advantages of E-Verify?

Keep a Legal Workforce 

Hiring and training an employee who ends up being ineligible to work can be costly and disheartening for any organization. E-Verify allows companies to identify unauthorized workers early in the onboarding process and to adhere to the Immigration and Nationality Act.

Stay Complaint 

In New York State, this is a voluntary program. However, some states require E-Verify for public and/or private employees. In addition, E-Verify is mandatory for federal contractors working under the Federal Acquisition Regulation (FAR) clause.

Be Proactive

The Legal Workforce Act, introduced to Congress in 2017, would require employers across the country to use E-Verify, and President Trump set aside funds in his 2019 proposed budget to expand the current program. E-Verify may become mandatory nationwide sooner rather than later. Forward-thinking companies may choose to stay ahead of the curve by familiarizing themselves with E-Verify early.

What Are the Disadvantages of E-Verify?

Prepare to Commit Time and Resources

Although the E-Verify website is a free service, organizations must train and supervise their staff in the correct use of the system. Due to the complexity of compliance issues, many businesses choose to outsource E-Verify to a third party for a fee.

Watch Out for Mistakes

Sometimes E-Verify is inaccurate. If an individual receives a Tentative Nonconfirmation (TNC) and they chose to dispute, their employer must follow certain procedures and complete the necessary paperwork. Failure to do so may result in lawsuits and discrimination violations.

Improper Use May Led to Headaches

E-Verify provides data that may allow the government to discover hiring mistakes more easily. For example, a business enrolled in E-Verify must complete and submit I-9 forms within three business days. Repeatedly missing this deadline may lead to an I-9 inspection and a possible fine, but if E-Verify was not in place the error would be more likely to go unnoticed. This reinforces the point of commitment; companies need to take the decision to implement E-Notify seriously and plan accordingly.

Does Your Organization Need Help with E-Verify?

Setting-up and using E-Verify can be a challenge for any company. Metrodata Services in Buffalo, New York can assist you with E-Verify as well as a variety of other pre-employment screening processes. Learn more about the Services We Offer today!