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What Employers Need to Know about the New my E-Verify Program

Written By The Shapiro Law Group on November 16, 2014

Last month, U.S. Citizenship and Immigration Services announced the launch of myE-Verify—a new website for employees. Whereas E-Verify is used by employers, the myE-Verify website is intended to be one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection.

“Since its inception, E-Verify has provided employees with valuable online tools and resources regarding the employment eligibility verification process,” said Director Rodríguez in a press release. “myE-Verify signifies a significant step forward for added transparency, features, and identity protection.”

According to a USCIS press release, myE-Verify introduces the following new services:

  • myE-Verify accounts – Allows employees and job seekers to set up free and secure personal accounts to manage the use of their information in E-Verify and Self Check through the available myE-Verify features.
  • Self Lock – Allows individuals to lock their social security numbers to prevent unauthorized or fraudulent use within E-Verify. Users can proactively protect their identities from being used by others to illegally gain employment. Self Lock is available only to myE-Verify account holders.
  • myResources – A section of the myE-Verify site that contains information in multi-media formats to educate employees about their rights as well as responsibilities of employers in the employment eligibility verification process.

Initially, myE-Verify accounts and Self Lock will be accessible to individuals in five states – Arizona, Idaho, Colorado, Mississippi, Virginia – as well as the District of Columbia, with USCIS planning to roll out myE-Verify across the country and introduce additional features focused on employees and job seekers.

Currently, thousands of employers use E-Verify – a voluntary computer system provided to employers by the United States Citizenship and Immigration Service (USCIS) that allows employers to verify the employment eligibility of newly-hired employees – as part of their employment procedures. After the employer submits information provided on the employee’s Form I-9 into the E-Verify system, E-Verify will check that information against the Social Security Administration (SSA) and the Department of Homeland Security databases, and provide the employer with one of the following results within seconds:(a) Employment Authorized (employee is authorized to work); (b) Verification in Process (DHS will respond within 24 hours); (c) Tentative Non-Confirmation (information provided by DHS does not correspond with SSA information); (d) Final Non-Confirmation (employee is not work authorized).

Although E-Verify is an optional program, those employers that choose to use E-Verify are obligated to comply with certain legal requirements, most notably:

  • If an employee receives a “tentative non-confirmation” (or TNC), the employer must offer the employee an opportunity to challenge the finding by reporting to the designated agency (USCIS or SSA).
  • Employers can only use E-Verify to check new hires, and cannot use the system to pre-screen employees.
  • Employers must use E-Verify within 3 days of the employee’s start date.
  • Employers must post a notice informing prospective employees that they are an E-Verify participant, as well as an Anti-Discrimination Notice issued by the Department of Justice, Office of Special Counsel, that is visible to all prospective employees.

Contact an Employment Immigration Lawyer

The Illinois immigration attorneys at the Shapiro Law Group have been helping employers and employees comply with employment immigration requirements for more than 30 years. We will consult with you on your existing employment immigration practices, including those pertaining to E-Verify and Form I-9, and advise you on ways to improve your policies and procedures, if necessary.

If you would like more information about myE-Verify or E-Verify, contact our office at (847)564-0712 to speak with an employment immigration lawyer.