E-Verify Expiration: What Employers and Employees Using the System Should Know

Many employers are familiar with the E-Verify system, which allows employers to check the employment eligibility for all of their employees. This system compares information completed on an employee’s Form I-9 with records from the Department of Homeland Security (DHS) and the Social Security Administration (SSA). E-Verify is administered by DHS, which is one of the agencies that remains without government funding. The E-Verify program has expired as a result of a lapse in funding due to the partial government shutdown in the U.S. The program will be unavailable until necessary funding is received.  There are major implications to the expiration of E-Verify. While the government is shut down, employers will be unable to access the services E-Verify provides. This includes enrolling in the program; accessing E-Verify accounts; creating new cases; viewing or taking action on a case; adding, deleting or editing accounts; changing passwords; editing company information; terminating accounts; or running reports. Importantly, employees will not be able to correct any E-Verify Tentative Non-confirmations (TNCs) while the program is expired.  A TNC occurs when employee information does not match with DHS or SSA records. Nonetheless, employers are still required to complete the steps on their end to verify work […]
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New E-Verify Website Launched

On April 10, 2018, U.S. Citizenship and Immigration Services announced the launch of the new E-Verify website, E-Verify.gov. The new user-friendly website provides employers, employees and the general public with information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification process. The website enables employers to enroll in E-Verify directly, and it also permits current users to access their accounts.  E-Verify is a free, easy-to-use internet-based system that helps employers maintain a legal workforce. The system, which already has nearly 800,000 enrolled employers, compares information from an employee’s Form I-9 to records available in Department of Homeland Security and the Social Security Administration databases for the purpose of verifying work authorization in the U.S. Keep in mind, E-Verify is a voluntary program, but employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in the program as a condition of federal contracting.  In addition, certain employers may also be required to participate in E-Verify if their states have legislation mandating the use of the system, such as a condition of business licensing, and, in some cases, employers may also be required to […]
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New Form I-9 Effective January 22, 2017

United States Citizenship and Immigration Services (USCIS) recently published a revised version of Form I-9, Employment Eligibility Verification. Effective Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, employers may continue to use the version dated 03/08/2013 N or the new version. The new Form I-9 was created in an effort to reduce error and make the form more user-friendly. Some changes on the new form include: Asking for “other last names used” rather than “other names used” (Section 1); The addition of prompts to ensure information is entered correctly; The ability to enter multiple preparers and translators; A dedicated area for including additional information rather than having to add it in the margins; and A supplemental page for the preparer/translator. The instructions have been separated from the form (like other USCIS forms) and include specific instructions on how to complete each field. The new Form I-9 is also easier to complete on a computer. Some enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to “clear” the form and “start over.” When the employer prints the completed form, a […]
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E-Verify Users: Be Sure to Access Your Account Before August 1 to Avoid Deactivation

On August 1, 2016, E-Verify will begin deactivating user IDs that have not been accessed for 270 days (approximately every nine months). How can I avoid deactivation of my user ID? Users can avoid deactivation by logging in with their user ID at least once every 270 days. What should Corporate Administrators and Program Administrators do before August 1? Corporate and program administrators should do the following before August 1: • Log in to E-Verify before August 1 if they have not accessed E-Verify for 270 days; • Review all user IDs for their company account to determine if E-Verify access is still required for any of those users; and • Terminate any active user IDs that no longer need access to E-Verify. What should General Users do before August 1? General E-Verify users should also log in every 270 days. Our attorneys are intricately familiar with E-Verify features. If you have questions on E-Verify, please contact our office to schedule a consultation with one of our attorneys today!
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Employee Rights and Responsibilities Video Now Available in Additional Languages

U.S. Citizenship and Immigration Services (USCIS) have announced the Employee Rights and Responsibilities video, a six-minute video informing employees of their rights when an employer uses E-Verify, is now available in 12 additional languages. The video has been available in English and Spanish, but both voice and captioning are now available in the following languages: Arabic Carolinian Chamorro German Italian Japanese Marshallese Palauan Portuguese Somali Punjabi Urdu The Employee Rights and Responsibilities video was developed by USCIS and the DHS Office for Civil Rights and Civil Liberties. The video provides an overview of both employee rights and employer responsibilities in E-Verify, as well as contact information for employees to obtain assistance and/or to file complaints. Visit the USCIS Video Page or USCIS YouTube Channel to view the video. To see the foreign language captions, make sure the “cc” (closed caption) button is turned ON in the video toolbar. If you are a foreign national and are interested in working or living in the United States, please contact our office to explore your options today!
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