“Top 10” Things Employers Need To Know About 1-9/E-Verify Compliance. Parts 1

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Employers have many questions about I‐9 Form/E-Verify compliance and how a paperless Web-based I‐9 Form/E-Verify system solution can improve the efficiency of a company's employment eligibility verification program by reducing risk, eliminating errors, maintaining compliance, and ensuring jobs for legal workers. Here are the “Top 10” things employers need to know about I-9/E-Verify compliance.

1. What do employers need to fill out an I-9 Form?

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to use the Employment job Eligibility Verification (I-9) Form – also known as the “I-9 Form” – to verify the identity and work eligibility of all employees (hired after 11/06/1986) and to properly complete the form when they hire an employee to perform labor or services in return for wages. IRCA introduced the 1‐9 Form when it made hiring an illegal immigrant a criminal offense, and established penalties for doing so. “I‐9 Compliance” is a term commonly used to explain the requirements of an employer to verify the employment eligibility of an individual employee in the United States. The term takes its name from the form used in this process: the Employment Eligibility Verification (I-9) Form.
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2. What Is E-Verify?

The E-Verify program was originally launched in 1997 with the full name of "Basic Pilot/Employment Eligibility Verification Program” as a voluntary employment eligibility validation program that involves verification checks by employers to determine an individual's right to work in the United States. This initiative is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). The U.S. Citizenship and Immigration Services (USCIS) – the agency in DHS responsible for immigration services – administers the program, while the U. S. Immigration and Customs Enforcement (ICE) enforces customs and immigration laws. Although the name has changed to E-Verify, some employers and business owners may still use its former name: “Basic Pilot Program.”
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3. How Does E‐Verify Work?

E‐Verify is a free, voluntary, and Web-based program run by the U.S. government that helps employers verify the employment eligibility of newly hired employees. Operated by the DHS and SSA – and enforced by ICE – E‐Verify allows employers to electronically compare information from I‐9 Forms with millions of records in the SSA and DHS databases. Within three days of hiring an employee, the employer is required to enter information from the Form I-9 including the employee’s name, date of birth, Social Security number (SSN), and citizenship status, into E-Verify and submits a securely transmitted “query.” Within seconds, the employer receives a response. For those employees whose work authorization status can be verified immediately, the process ends there with a confirmation response. In a small number of cases, the system issues a “Tentative Non-Confirmation” (TNC). When TNCs are issued, employers must notify employees of the TNC and give them eight (8) business days to contest the TNC with the SSA. Until the TNC is resolved – even if it takes longer than eight days – employees cannot be fired or have any other employment-related action taken against them. If the employee fails to contact SSA within the eight day period, a Final Non-Confirmation (FNC) is issued by E-Verify and the employee should be fired.
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