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.
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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.