More US Employers Are Using E-Verify

E-Verify, an online-based system that allows an employer to determine a potential worker’s employment eligibility, is gaining in popularity across the United States.

As the US government continues to crack down on workplaces employing undocumented immigrants, more employers are concerned about employment eligibility verification. The US Department of Homeland Security reports that the number of employers enrolling in the E-Verify program is growing by 1,200 per week. The government is even considering making the program mandatory for all US employers.

But as E-Verify becomes more widely used, many are wondering if employment eligibility verification could hurt US workers and the economy rather than help it. Questions are arising concerning E-Verify’s level of accuracy.

How Does E-Verify Work?

E-Verify uses information reported on Form I-9, Employment Eligibility Verification, to see if an employee is legally able to work in the United States. The Department of Homeland Security operates the E-Verify program in conjunction with the Social Security Administration.

If an employer is enrolled in the E-Verify program and have hired a new employee, they follow these steps to determine the new hire’s employment eligibility:

• First, an employer enters the new employee’s personal identification numbers and information into the online system.
• The information is electronically checked against Social Security and Homeland Security databases.
• If there are any discrepancies, the E-Verify system sends a “tentative nonconfirmation” to the employer.
• The employer reports the tentative nonconfirmation to the employee and gives him or her eight business days to refute the claim.
• If the employee contests the nonconfirmation, the Social Security Administration and the Department of Homeland Security reviews the case within 10 business days.
• If the review does not verify the employee’s eligibility, a “final nonconfirmation” is issued.
• Once the employer receives the final nonconfirmation, the employee must be fired.

How E-Verify Could Hurt US Workers

A report issued by the National Immigration Law Center stated that E-Verify’s government databases have unacceptably high error rates. These errors don’t just affect immigrants with employment authorization, but US citizens as well.

The errors were resolved, but it often took longer than E-Verify’s allotted amount of time, so many people could not work for several months or, in some cases, years.

The National Immigration Law Center also reported that employers did not comply with E-Verify regulations, with nearly half of employers surveyed admitting that they used E-Verify before their employees’ first day at work. They also reduced pay and work loads for employees being verified and delayed job training until results came in.

Employers also stated that the transition to using employment eligibility verification was time-consuming and costly.

Making E-Verify Mandatory

In September 2009, the US government made E-Verify mandatory for employers with federal contracts or subcontracts. Though participation is still voluntary for all other employers, making E-Verify mandatory for federal contract employees shows that the government is committed to employment eligibility verification.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Department of Homeland Security Secretary Janet Napolitano in a press release. “Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities.”

Secretary Napolitano is also aware of E-Verify’s flaws. “We need to continue to work to improve E-Verify, and we will.”

Bookmark this Page