IMMIGRATION HOME  
     
  Contact Our Firm  
     
  How We Can Help
and Your Benefits
 
     
 

Apply for U.S. Visa

 
     
  Immigration Consultation  
     
  Immigration Questionnaires  
     
  Complimentary Services  
 

 

 
  Contact an Immigration Lawyer
 
 
     
 
 

E-Verify

E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.

To find out more about E-Verify, please contact LL.M. Law Group at (877) 880-0872

 
Q : Am I Required to Participate?
No. E-Verify is voluntary for all employers with very limited exceptions. (Some Federal government employers and violators of certain immigration laws may be ordered to participate.)
back to top
 
Q : Why should I consider participating in E-Verify?
E-Verify is currently the best means available for employers to electronically verify the employment eligibility of their newly hired employees. E-Verify virtually eliminates Social Security mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S. employers maintain a legal workforce.
back to top
 
Q : How many employers currently participate in E-Verify?
As of December 2006, over 12,000 employers representing over 45,000 sites are participating in E-Verify.
back to top
 
Q : How Do I Register for participation in E-Verify?
You can register for E-Verify at https://www.vis-dhs.com/EmployerRegistration, which provides instructions for completing the registration process. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you the employer, the SSA, and USCIS. An employee who has signatory authority for the employer can sign the MOU.
back to top
 
Q : Our company has several hiring sites interested in participating in E-Verify. Each site will be conducting the verification process for its newly hired employees. How should these sites register?
Each site that will perform the employment verification queries must go through the registration process and sign an individual MOU.
back to top
 
Q : If I sign one MOU, can I use a controlled rollout to implement E-Verify across the organization?
Yes, you can choose which sites to enroll. However, remember that each site that has signed an MOU must verify the status of all new hires for that site. A new MOU is required only for a new site performing verification queries. However, if a central location, which is already registered, does the verification queries, then the company would only need to amend the number of hiring sites.
back to top
 
Q : After an employer registers, how does the program work?
Using an automated system, the program involves verification checks of SSA and DHS databases. The E-Verify MOU, User Manual and Tutorial contain instructions and other related materials on E-Verify procedures and requirements. Once the user has completed the tutorial, he or she may begin using the system to verify the employment eligibility of all newly hired employees.
back to top
 
Q : Can I verify the immigration status of a new hire that is not a U.S. citizen?
No. E-Verify verifies a new hire's employment eligibility, not his or her immigration status.
back to top
 
Q : What information is required to conduct an E-Verify initial verification?
After hiring a new employee and completing the Employment Eligibility Verification form (Form I-9), required for all new hires (regardless of E-Verify participation), the employer or agent must submit a query that includes information from sections 1 and 2 of the Form I-9, including:
  • Employee's name and date of birth,
  • Social Security Number (SSN),
  • Citizenship status he or she attests to,
  • A number or I-94 number, if applicable,
  • Type of document provided on the Form I-9 to establish work authorization status, and
  • Proof of identity, and its expiration date, if applicable.

Response to the initial query is sent within seconds of submitting the query. Documents presented for Form I-9 identification only purposes (documents from "List B") to E-Verify employers must have a photograph.

back to top
 
Q : When may an employer initiate a query under E-Verify?

The earliest the employer may initiate a query is after an individual accepts an offer of employment and after the employee and employer complete the Form I-9. The employer must initiate the query no later than the end of three business days after the new hire’s actual start date.

Although an employer may initiate the query before a new hire’s actual start date, it may not pre-screen applicants and may not delay training or an actual start date based upon a tentative non-confirmation or a delay in the receipt of a confirmation of employment authorization. In short, an employee should not face any adverse employment consequences based upon an employer’s use of E-Verify unless a query results in a final nonconfirmation.

For this reason, if the query returns an employment authorization response, an employer cannot speed up the employee’s agreed upon start-date, as that would be disparate treatment based upon E-Verify results of this employee compared to another who may have received a tentative non-confirmation. For example, Company X always assigns a start-date to new employees that are two weeks after the employee has submitted an approved drug test. After the employee has accepted a job with Company X, and after the employee and Company X complete the Form I-9, the company can initiate the E-Verify query. However, the company cannot speed up or delay the employee’s start-date based upon the results of the query (unless the program issues a final non-confirmation, in which case the employee should not be further employed).

Employers must verify employees in a non-discriminatory manner, and may not schedule the timing of queries based upon the new hire’s national origin, citizenship status, race, or other prohibited characteristic.

back to top
 
Q : What is the required timeframe for conducting an employment eligibility check on a newly hired employee?
The earliest the employer may initiate a query is after an an individual accepts an offer of employment and after the employee and employer complete the Form I-9. The employer must initiate the query no later than the end of three business days after the new hire's actual start date.

An employer may initiate the query before a new hire's actual start date; however, it may not pre-screen applicants and may not delay training or an actual start date based upon a tentative non-confirmation or a delay in the receipt of a confirmation of employment authorization. An employee should not face any adverse employment consequences based upon an employer's use of E-Verify unless a query results in a final non-confirmation. In addition, an employer cannot use an employment authorization response to speed up an employee's start date. This would be unfair treatment to use E-Verify results to accelerate employment for this employee compared to another who may have received a tentative non-confirmation.

For example, Company X always assigns a start-date to new employees that is two weeks after the employee has completed an approved drug test. After the employee has accepted a job with Company X and after the employee and Company X completes the Form I-9, the company can initiate the E-Verify query. However, the company cannot speed up or delay the employee's start date based upon the results of the query (unless the program issues a final non-confirmation, in which case the employee should not be further employed).

Employers must verify employees in a non-discriminatory manner and may not schedule the timing of queries based upon the new hire's national origin, citizenship status, race, or other characteristic that is prohibited by U.S. law.

back to top
 
Q : Which employees should be verified through the system?
As a participant in E-Verify, employers are required to verify all newly hired employees, both U.S. citizens and non-citizens. Employers may not verify selectively, and must verify all new hires while participating in the program. The program may not be used to prescreen applicants for employment, go back and check employees hired before the company signed the MOU, or re-verify employees who have temporary work authorization.
back to top
 
Q : I would like to use electronic I-9s for my employees. Does USCIS offer a system that would automatically generate E-Verify queries from the electronic I-9s?
Currently, USCIS does not offer this service, but several private companies do.
back to top
 
Q : I am an employer with multiple hiring sites. Can one site verify everyone? How?
Yes, one site may verify new hires at all sites. When registering, the individual at the site that will be verifying new hires should select "multiple site registration" and give the number of sites per states it will be verifying.
back to top
 
Q : What is an E-Verify Third Party Agent for E-Verify?
An E-Verify Third Party Agent is a liaison between E-Verify and employers wishing to participate, but who choose to outsource submission of employment eligibility verification queries for newly hired employees. E-Verify Third Party Agents conduct the verification process for other employers/clients. An E-Verify Third Party Agent must register on-line and sign an MOU with SSA and USCIS. Once the MOU is approved, the E-Verify Third Party Agent can then begin registering employers/clients who have designated it to perform the company's verification services. Each employer/client will also be required to sign an MOU and will have a unique E-Verify client number.
back to top
 
Q : What is a Corporate Administrator for E-Verify?
An employer has the option to designate an employee as a Corporate Administrator. A Corporate Administrator is someone who has management oversight authority of the employer's hiring sites that participate in the program but generally does not perform employment eligibility verification queries. The Corporate Administrator role enables oversight of all the company sites participating in E-Verify. To become a Corporate Administrator, an individual only needs to register and does not need to sign an MOU. Once registered, this individual will be able to register company sites, add and delete users at company sites, and view reports generated by company sites. The Corporate Administrator, however, does not submit queries for verification.
back to top
 
Q : Can I terminate at any time?
Yes, you may choose to leave E-Verify at any time.
back to top
 
Q : Does participation in E-Verify provide safe harbor from worksite enforcement?
An employer who verifies work authorization under E-Verify has established a rebuttable presumption that it has not knowingly hired an unauthorized alien. Participation in the program does not provide a “safe harbor” from worksite enforcement, however.
back to top
 
Q : Is there a "batch access" method in the system?
Yes, it is called “Web-services” and is a real-time batch method. It requires a company to develop an interface between its personal system or electronic I-9 system and the E-Verify database. For more information and help with design speculations, contact LL.M. Law Group at (877) 880-0872
back to top
 
Q : If I am an employer who would like to run an employee's Form I-9 information through E-Verify, but that employer does not yet have a Social Security Number, what should I do?
Employees who do not yet have a Social Security Number may not have their information run through E-Verify. If you are an employer with such an employee, you should complete the Form I-9 process with him/her and wait to run an E-Verify query on that individual until you have received his/her Social Security Number. You should note on the Form I-9 why you did not run an E-Verify query yet. Your employee should get his/her number to you quickly, and then you may run a query on that individual. In the mean time, you will have completed the Form I-9 Employment Eligibility process with your employee and verified his/her work authorization, so your employee will be allowed to work temporarily without a Social Security Number.
back to top
 
To find out more about E-Verify, please contact LL.M. Law Group at (877) 880-0872
 

Search llmlaw.com

   
    Our Professionals
       
    LL.M. Law Group Fact Sheet
       
    Immigration Terms
       
    Immigration FAQ
       
    Immigration Links  
       
    Immigration News  
       
    Testimonials  
       
    Chicago:
Information and
Events
 
       
    Legal Notice  
       
    Credit Card Payment

 


U.S . immigration lawyers working for you.


 
LL.M. Law Group
53 W. Jackson Boulevard
Suite 525
Chicago, Illinois 60604 

T: (312) 880-0872
F: (312) 880-0870

immigration@llmlaw.com

Transaction Processing