Pros and Cons of Enrolling in E-Verify to Verify Employment Eligibility

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

E-Verify is a voluntary program. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as a condition of business licensing. Finally, in some instances employers may be required to participate in E-Verify as a result of a legal ruling.

Using E-Verify nearly all employees are confirmed as work-authorized instantly or within 24 hours. The system, which has nearly 800,000 enrolled employers, compares information from an employee’s Form I-9 to records available to the Department of Homeland Security and the Social Security Administration to verify authorization to work in the U.S.

Below are some of the pros of signing up for E-verify.

• Eligible for Government Contracts

It is mandatory to enroll in E-verify to be eligible for government contracts for selective states and federal government contractors. 

• Hire Foreign National Students

Enrolling for E-verify allows employers to hire foreign students without an H-1B visa or those that didn’t win the H-1B lottery.

• Eliminating No Match letters on Social Security 

Maintain a compliant workforce by eliminating mismatch letters on Social Security files.

• Instant Verification of Employment Eligibilty

 E-verify helps you to instantly verify the employment eligibility of an employee.

• Easy to Use

E-Verify is a free, easy-to-use internet-based system. Employers can access E-Verify anytime, anywhere directly from a web browser.

Below are some of the cons.

•  Risk of I-9 Inspection and Fines

Enrolling in E-verify may lead to government audit of employer workforce data and in the event of non-compliance through mistakes or missing deadlines will result in fines to the company.

•  Erroneous Non-Confirmations of Work Authorization

Use of E-Verify may result in erroneous non-confirmations of work authorization in some instances.

• Legal Risks

E-verify may result in instances where employees sue the employers for erroneous non-confirmations, faulty firing of an employee or due to incorrect guidance on how to contest tentative non-confirmation.

• Cost of Training

Enrolling for e-verify can be costly and requires employers to invest time and resources to train the employees on the use of the system.