E-Verify: New Regulations Go Into Effect Immediately

E-Verify becomes mandatory for federal contractors and subcontractors.
E-Verify was started five years ago as a pilot program to help businesses verify their employees work eligibility status.

The free internet-based system has been on a voluntary basis up until now. However, now all federal contractors and subcontractors will be required to use the verification system to check if their employees are legally eligible to work in the United States. This new mandate applies to current employees already on the payroll. To date, almost 150,000 companies have signed up for the program hoping to save thousands of dollars in fines should their company find themselves the subject of an audit from ICE (Immigration and Customs Enforcement agency).

According to USCIS (United States Citizenship and Immigration Services), the number of possible contractors and subcontractors employed by the federal government that will be required to participate is around 168,000. In addition, E-Verify also applies to federal projects or any companies that receive federal stimulus money such as lending institutions.

Accuracy Problems
Although the E-Verify program has been running for five years, it continues to have its fair share of accuracy issues. Back in September of 2007, an audit of the system by the Department of Homeland Security (DHS) found that for foreign born U.S. citizens almost 10% initially received a non-confirmation when verifying their eligibility to work in the U.S. There was only a 1.5% margin of error for U.S. born citizens. This discrepancy can create an enormous hardship on the employee and the employer until a further investigation takes place.

Currently there are no plans to make E-Verify mandatory to all businesses and types of employment. However, with immigration reform close at hand and the unemployment rate projected to reach 10.5% by the end of the year, E-Verify will be looked upon as a program to ensure the U.S. is working towards a legal workforce.

Beginning the Process
If you are a business that must comply with this new regulation, the sign up process is quite simple. Any business can access the online enrollment website at e-verify.uscis.gov. The Department of Homeland Security is also offering free webinars explaining the E-Verify process and its advantages. This online information seminar lasts about 1.5 hours and can be accessed at uscis.gov. If you are a business with multiple locations, you may designate one site to manage the verification system.

Once the employee has accepted a position and an I-9 form has been completed, the company has up to three business days after the start date in which to verify employment eligibility. E-Verify cannot be used as a screening tool during the hiring process. It must only be used once an employee has accepted a position. If a non-confirmation result is given, an investigation must then take place.

Undocumented Workers
According to the PEW Hispanic Center, there are 11.9 million illegal aliens living and working in the U.S. With the E-Verify system slowly becoming mandatory, it is essential now more than ever for undocumented workers and businesses who employ them to seek out legal help in an effort to establish legal residency and a right to work. For illegal aliens, consulting with an immigration attorney can be the difference between keeping a job and staying in the U.S. or being deported. For businesses whose primary workforce is undocumented, immigration counsel can eliminate the threat of thousands of dollars in possible fines as well as the loss of federal contracts.