Many employers are now working with the U.S. Citizenship and Immigration Services (USCIS), a section of the Department of Homeland Security (DHS), and the Social Security Association (SSA) to determine eligibility and validity of employees and their social security numbers. Especially in our recovering economy, it is important to ensure that all available jobs are given to U.S. citizens.
Businesses are required to post signs in both English and Spanish as to their participation in the E-Verify Employment Verification Process. Applicants, be aware of this practice prior to applying or interviewing for a position. If signs are not posted, there might be a section on the employment application. This practice is not intended to selectively or actively discriminate new-hires or potential employees. The E-Verify database and USCIS provide anti-discrimination notice issued by the Office of Special Counsel for Immigration Related Unfair Employment Practices.
According to the E-Verify Quick Reference Manual to Prevent Discrimination:
1. Employees must be newly hired with a completed Employment Eligibility Verification DHS Form I-9 before you can use E-verify to initiate queries about the newly hired employees for your company.
2. Form I-9 requirements remain the same except that all “List B” identity documents must bear a photograph.
3. Employers must make verification inquiries for all newly hired employees no later than the 3rd business day after they begin working for pay or other remuneration.
4. Employers may not verify newly hired employees selectively, and must follow E-verify procedures for all new hires as long as the company participates in the program.
5. Employers may not request that the employee use certain documentation for the form I-9 or E-verify purposes.
6. Employers may not use E-verify to discriminate against any job application or new hire on the basis of his or her national origin, citizenship, or immigration status.
7. Employers may not use the system to pre-screen applicants for employment.
8. Employers may not go back to check employment eligibility for employees hired before your company signed the Memorandum of Understanding (MOU) with U.S. citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA).
9. Employers may not use the system to re-verify employment authorization.
How does E-Verify work?
E-Verify is a Internet database that an employer uses to upload a new-hire’s Form I-9. The system compares the Form I-9 to information in the DHS and SSA database. The employer will receive two messages, a confirmation or a tentative nonconfirmation. Employers are required to allow employees to contest a tentative noncomfirmation and allow them to go through the proper government agencies prior to termination. If the database comes back with a final nonconfirmation message, then an employer can take the necessary action.
To gather more information on E-Verify, visit the U.S. Citizenship and Immigration Services website.
By Stephanie Colangelo
Flexhire Blogger
Flexhire
scolangelo@flexhire.com
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