Verifying Employment Authorization of Foreign Workers

Let Our Columbus Immigration Lawyers Handle the Process

The current administration had made immigration enforcement a top agency priority for the Department of Homeland Security. One of the biggest immigration enforcement measures in 2009 and 2010 has been cracking down on employers who routinely employ undocumented workers. The federal government has created an online system for employment verification called E-Verify. So far, this system is voluntary on the part of employer participation. The voluntary nature of this program may not last too long as many states are now enacting legislation to make E-Verify a mandatory measure for employers to verify all of their employees’ employment eligibility. For instance, Ohio Representative Courtney Combs has introduced legislation which would require all public and private employers to use E-Verify to register their employees and to supplement Form I-9 with such a system.

If you need assistance with the E-Verify process, allow The Law Firm of Shihab & Associates to handle your case. Our Columbus immigration attorneys have helped numerous employers verify employment authorization for foreign workers.

With offices in ColumbusOhio, Cleveland Ohio, Southfield Michigan and Washington, D.C., we serve clients globally. Call us at (888) 915-5057or contact us online.

The E-Verify Program

Since only the issuing agency will know whether the documents are genuine and match the individual, employers are faced with little chance of detecting fraud in employment authorization. Under these circumstances, Congress authorized a pilot verification system called E-Verify that would allow employers to ensure employment authorization.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”) authorized the Department of Homeland Security (“DHS”) to create an online system that allows registered employers to quickly verify employment eligibility. The program has been an option, not a federal mandate, for employers nationwide. Since E-Verify is a voluntary program, participation is further evidence of good faith compliance with the Immigration Reform and Control Act of 1986 (“IRCA”). This will protect employers from civil and criminal penalties regarding the hiring of undocumented workers. Further, E-Verify establishes a rebuttable presumption that the employer has not knowingly employed an unauthorized screened worker.

What Is E-Verify

The E-Verify system is an online process within three days of the employee’s hire date. It is worthy to note that using the online E-Verify system does not absolve employers from the legal requirement of completing the I-9 Form and accepting only List B documents that contain a photograph. The U.S. Citizenship & Immigration Service (“USCIS”) administers E-Verify. Both the Social Security Administration (“SSA”) and DHS provide their databases to process the queries.

If a new hire is a U.S. citizen, his or her social security number will be checked by the SSA. If the new hire is a non-citizen, then the social security and the alien number will be checked by DHS. If there are discrepancies in the data provided on the E-Verify system, DHS will issue a non-confirmation notice to the new employee. If the employee does not contest the non-confirmation notice, employers are required to terminate the employee or notify DHS that they continue to employ the worker. If the employee contests the tentative non-confirmation, the employer will refer the employee to either visit the local SSA office or call DHS. The employee will be given 10 days to resolve the issue with the local agency, or else a final non-confirmation will be issued.