LABOR LAW NEWS
A Beginner’s Guide to E-Verify
By Kelsey Basten
Published on June 14, 2018
Confused on what E-Verify is? We’ve got you covered. Here is a brief overview to get you started!
What is E-Verify?
E-Verify is a system administered by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) Verification Division and the Social Security Administration.
The system itself is Internet-based and uses information from an employee’s I-9 form and Employment Eligibility Verification, the DHS and Department of State (DOS) records to confirm the employee is authorized to work the in the U.S.
How it Works
Employers create a case in the E-Verify system, which checks the employee’s information against available DHS records. E-Verify then provides the employer a result in 3 to 5 seconds which include:
- Employment Authorized
- The information entered by the employer matches the DHS or SSA records
- DHS or SSA Tentative Nonconfirmation (TNC)
- Employers must inform the employee of the TNC and give him/her the opportunity to contest the result by correcting the DHS or SSA records (on their own).
- The information entered by the employer does not match the DHS, SSA or DOS records.
Who’s Required to Use it
E-Verify is a voluntary program for most employers, but mandatory for some, including:
- Federal contractors
- Employers in the following states:
- Arizona and Mississippi: Required for all employers
- South Carolina: Encouraged for all employers
- Colorado, Georgia, Missouri, Nebraska, Oklahoma, Rhode Island and Utah: Required for public contractors and state agencies
- Idaho, Minnesota and North Carolina: Required for state agencies
E-Verify Posting Requirements
Employers who participate in E-Verify must post the E-Verify and Right to Work posters, in English and Spanish, at the company’s hiring location.
The posting is required for:
- Federal contractors
- Employers in states required to use E-Verify (see Which employers are required to use E-Verify?)
- Employers who voluntarily participate in the E-Verify program
Please note: Due to federal restrictions, GovDocs can’t sell the E-Verify posting as a standalone product. It’s free with the purchase of our Right to Work poster.
with GovDocs Labor Law News
This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.
Who is GovDocs?
GovDocs simplifies the complexity of employment law management (ELM) for large, multilocation employers across all industries. We offer a suite of innovative compliance products, including labor law postings, data software applications and other program management tools, to ease the day-to-day responsibilities of human resources, compensation, legal and finance teams.
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The GovDocs Poster Store simplifies the complexity of posting compliance for employers with less than 30 locations across all industries. We offer a variety of posting products to meet your labor law compliance needs, including federal and state posters; county and city poster packages; and other HR posters. Plus, when you purchase posters with GovDocs Update Service, you ensure your locations automatically receive updated posters whenever changes occur.