E-Verify: A Law's Evolution And Implementation

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. The site was established in 1996 as the Basic Pilot Program, and the program was renamed E-Verify in 2007. While E-Verify has been mandatory for federal contractors and vendors since 2007, its use for non-federal employees is not mandated by federal law. However, some states have mandated the use of E-Verify or similar programs, while others have discouraged it.

E-Verify was established in 1996 as the Basic Pilot Program

The Basic Pilot Program was designed to prevent companies from hiring individuals who had violated immigration laws and entered the United States illegally. It was a voluntary program that allowed employers to confirm the work eligibility of their newly hired employees. The program used information from the employee's Form I-9 and compared it to the information in INS and SSA records.

In 2007, the Basic Pilot Program was renamed E-Verify. This change also brought about new features, including an automatic flagging system that prompted employers to double-check the data entered, reducing data entry errors and initial mismatches by approximately 30%. The launch of E-Verify also introduced photo matching, incorporating biometric data into the web interface.

While E-Verify is a voluntary program for most employers, federal contractors and subcontractors with qualifying contracts containing the Federal Acquisition Regulation (FAR) E-Verify clause are mandated to use the system. Additionally, employers in states with legislation requiring E-Verify participation, such as Alabama, Arizona, Florida, and others, must also enroll and utilize the program.

E-Verify is a free, internet-based system that allows employers to electronically confirm the employment eligibility of their employees. It compares information from an employee's Form I-9 to data from U.S. government records, providing a response that confirms employment eligibility or indicates further action is needed. The program is operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration.

It is a free, internet-based system

E-Verify is a free, internet-based system that allows employers to confirm the eligibility of their employees to work in the United States. It was established in 1996 as the Basic Pilot Program and was renamed E-Verify in 2007. The system is maintained by the United States government and is voluntary for most employers, except for federal contractors and those in states with E-Verify mandates.

E-Verify is operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It works by comparing information from an employee's Employment Eligibility Verification Form I-9 to data from government records. If the information matches, the employee is eligible to work. If there is a mismatch, the employer is notified, and the employee is allowed to work while resolving the issue.

The use of E-Verify is mandatory for federal contractors and vendors with contracts containing the Federal Acquisition Regulation (FAR) E-Verify clause. As of 2018, more than 700,000 employers used E-Verify. Additionally, some states have mandated the use of E-Verify or similar programs, while others have discouraged it. For example, Alabama, Arizona, Georgia, and Mississippi have passed laws requiring employers to use E-Verify, with penalties for non-compliance.

E-Verify is a valuable tool for employers to ensure a legal workforce and has been enhanced over the years to improve its accuracy and efficiency. It is also linked to Form I-9, which all employers are required to complete for new employees, regardless of their participation in E-Verify. Overall, E-Verify is a free and convenient way for employers to verify the employment eligibility of their employees.

E-Verify is voluntary, but some employers are required to use it

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. The site was originally established in 1996 as the Basic Pilot Program to prevent companies from hiring people who had violated immigration laws and entered the United States illegally.

While federal law does not mandate the use of E-Verify for non-federal employees, some employers are required to use it by law. Federal contractors and any of their subcontractors with qualifying contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to confirm employee eligibility to work legally in the United States. Additionally, as of May 10, 2023, a new law in Florida requires all employers, both public and private, with 25 or more employees to use E-Verify.

Some states have also mandated the use of E-Verify or similar programs. For example, Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia require E-Verify for some or all employers as of January 1, 2023. These state laws vary in their requirements and penalties for non-compliance.

It is important to note that employees have certain rights when it comes to E-Verify. They have the right to know if their employer participates in E-Verify, and employers must display the E-Verify "Notice of Participation" and "Right to Work" posters in English and Spanish. Employees also have the right to know if their E-Verify case results in a Tentative Nonconfirmation (mismatch) and to take action to resolve a mismatch without any adverse action being taken against them.

It is administered by the Social Security Administration and U.S. Citizenship and Immigration Services

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees to work in the United States. The site was established in 1996 as the Basic Pilot Program to prevent companies from hiring people who had violated immigration laws and entered the United States illegally. The program is operated in partnership with the Social Security Administration and U.S. Citizenship and Immigration Services (USCIS).

The Social Security Administration and USCIS were directed to conduct an employment verification pilot program when Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996. The Basic Pilot Program was renamed E-Verify in 2007.

E-Verify is a free, internet-based system that allows any U.S. employer to electronically confirm the employment eligibility of its newly hired employees. The program compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, the employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer, and the employee is allowed to continue working while resolving the problem.

While federal law does not mandate the use of E-Verify for non-federal employees, some states have mandated its use or similar programs. Employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in and use E-Verify as a condition of federal contracting. Additionally, employers in states with legislation requiring participation in E-Verify, such as Alabama, Arizona, Colorado, Florida, Georgia, and Idaho, may also be mandated to use the program.

E-Verify is used to confirm employment eligibility

E-Verify is a United States Department of Homeland Security (DHS) website that allows employers to confirm the eligibility of their employees to work in the United States. The site was established in 1996 as the Basic Pilot Program to prevent companies from hiring people who had violated immigration laws and entered the United States illegally.

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Employers with federal contracts or subcontracts containing the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting.

E-Verify compares information from an employee's Employment Eligibility Verification Form I-9 to data from US government records. If the information matches, the employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer, and the employee is allowed to work while resolving the problem. Employees must contact the appropriate agency to resolve the mismatch within eight federal government workdays from the referral date.

E-Verify is closely linked to Form I-9, but participation in E-Verify is voluntary for most employers. All employers, by law, must complete Form I-9. After an employee is hired to work for pay, the employee and employer complete Form I-9. After an employee begins work for pay, the employer enters the information from Form I-9 into E-Verify. E-Verify then compares that information against millions of government records and returns a result.

E-Verify is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the US Virgin Islands, and the Commonwealth of Northern Mariana Islands. It is currently the best means available to electronically confirm employment eligibility.

Frequently asked questions