There are certain guidelines that are provided in order to help you abide by the e-verification process given by USCIS.
- Ensure that notice is given to employees regarding your use of E-verify and employee rights under the program.
- Use E-verify for a newly hired employee only after your employees have completed the Form I-9.
- Form I-9 requirements remain the same except that all “List B” identity documents must bear a photograph and the employee must document their social security number on the form.
- You may not use E-Verify to screen job applicants or to re-verify employment eligibility. Never reject valid Form I-9 documentation, or limit the choice of documentation employees may present to complete the Form I-9.
- Never use E-verify selectively. You must verify all new employees regardless of national origin, citizenship, or immigration status.
- You should never take any adverse action against an employee, including suspension or termination, while he or she contests a Tentative Nonconfirmation, even if the matter is not resolved within ten federal government work days.
- Ensure employees who contest a Tentative Nonconfirmation are provided with the printed referral letter from E-verify. Permit employees to present any document or combination of documents acceptable by law.
- Take steps to secure the privacy of employees’ personal information and to secure the password you use to access E-verify. You should discuss any work eligibility issues only with people directly concerned with the information and limit these conversations to the relevant case details.
- Limit use of E-verify to authorized users only. Remember that if you fail to comply with the Privacy Act or the Social Security Act and use E-Verify information for any purpose other than verifying your employees’ work eligibility, you may be subject to criminal penalties. The program rules, as set forth in the MOU, are designed to ensure that this information is used properly. If you fail to comply with E-Verify rules, you could face civil or criminal action.
- Never discriminate against applicants and employees based upon their citizenship or immigration status with respect to hiring, firing, or recruitment or referral for a fee. Never discriminate against applicants and employees based upon their national origin, including place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding “foreign.”
EMPTrust can help you with your I-9 and E-Verification process. EMPTrust’s software application allows companies to manage I-9 forms and seamlessly integrate with employment eligibility verification (E-Verify) all at one go.
Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Any issues regarding compliance and obligations under United States or International laws or regulations should be addressed through your legal department or outside counsel.