1. What is E-Verify and how does it help employers verify the identity and employment eligibility of new hires?

E-Verify is an internet-based system operated by the U.S. Citizenship and Immigration Services (USCIS) that allows employers to electronically verify the identity and employment eligibility of new hires. Employers can use E-Verify to compare information from an employee’s Form I-9—Employment Eligibility Verification—against more than 427 million records from federal databases to confirm the individual’s eligibility to work in the United States.

2. What are the risks of noncompliance with I-9 and E-Verify laws?

The risks of noncompliance with I-9 and E-Verify laws can result in fines, criminal penalties, and potential civil lawsuits. Employers who fail to comply with I-9 and E-Verify laws may face civil fines of up to $1100 per violation, and criminal penalties of up to $3,000 per violation and/or 6 months imprisonment. Additionally, employers may be liable for any wages and benefits paid to employees who are found to be unauthorized to work in the United States. Finally, employers may be subject to civil penalties, such as backpay awards and tort claims.

3. When must an employer use E-Verify to verify their employees’ work eligibility?

An employer must use E-Verify to verify the work eligibility of all new hires and certain existing employees who are rehired or whose employment status changes. Federal law also requires federal contractors and subcontractors to use E-Verify for workers on certain federal contracts. Additionally, some states have laws that require employers to use E-Verify for all new hires.

4. Is there a fee for using E-Verify?

Yes, there is a fee for using E-Verify. The fees are based on the type of user, and range from $25 to $175 per user per year.

5. What documents must an employer accept when completing the I-9 form?

When completing an I-9 form, employers must accept unexpired documents that establish both an employee’s identity and employment authorization. Acceptable documents include a U.S. passport or passport card, a Permanent Resident Card, a driver’s license or state-issued identification card, and an Employment Authorization Document (EAD).

6. How long must employers keep I-9 forms for their employees?

Employers must keep I-9 forms for their employees for at least three years after the date of hire, or one year after the employee’s employment ends, whichever is later.

7. What is the difference between I-9 and E-Verify compliance?

I-9 compliance is the process of verifying the identity and employment authorization of employees hired in the U.S. E-Verify is an online system run by the U.S. Department of Homeland Security that employers can use to electronically verify the employment eligibility of their newly hired employees. I-9 compliance requires employers to review physical documents to verify an employee’s identity and eligibility for employment whereas E-Verify electronically verifies the employee’s information with records from the Department of Homeland Security and Social Security Administration.

8. How does an employer submit I-9 documents to the government?

Employers must submit I-9 documents to the U.S. Citizenship and Immigration Services (USCIS) by mail or electronically using the USCIS’s web-based system, called E-Verify. Employers who choose to submit I-9 documents electronically must register and create an account with E-Verify prior to submitting any documents. An employer must have an account with E-Verify to use the system, and the account must be kept up-to-date with accurate information about the employer.

9. What happens if an employer fails to complete an I-9 form for a new hire?

If an employer fails to complete an I-9 form for a new hire, they may be subject to civil and criminal penalties including fines and potential jail time. In certain cases, employers who fail to comply with I-9 regulations may also be subject to forfeiture of their business.

10. How can employers ensure that they are correctly verifying employees’ identities and work eligibility?

Employers can ensure that they are correctly verifying employees’ identities and work eligibility by utilizing the E-Verify system, a web-based system operated by the Department of Homeland Security and the Social Security Administration. Employers can also request to see documents that establish identity and employment eligibility, such as a passport, driver’s license, state ID, or green card. Lastly, employers should keep accurate records of all documents reviewed to verify the identity and work eligibility of employees.

11. What are the penalties for employers who fail to comply with I-9 and E-Verify laws?

Penalties for employers who fail to comply with I-9 and E-Verify laws can range from civil fines of up to $1,100 per worker for failure to properly complete or retain the I-9 Forms, to criminal penalties of up to $3,000 per worker for knowingly hiring or continuing to employ unauthorized workers. In addition, employers who fail to meet their I-9 and E-Verify requirements can face a range of administrative penalties, including warning letters, debarment from federal contracts, and other monetary penalties.

12. How often should employers conduct internal I-9 audits to ensure compliance?

Employers should conduct internal I-9 audits at least annually to ensure compliance with the law.

13. What type of data is captured through E-Verify and how can employers protect this information?

E-Verify is an online system to help employers verify the employment eligibility of new hires and the validity of their Social Security numbers. This system captures personally identifiable information such as name, address, date of birth, and Social Security number.

Employers can protect this data by implementing proper security protocols including regular security patches, strong passwords, and encryption. Additionally, employers should have a secure system for storing and disposing of this data when it is no longer needed. Finally, employers should make sure their employees are aware of the importance of protecting this data.

14. How can employers avoid discrimination or other misuse when using E-Verify or conducting I-9 verifications?

To avoid discrimination or misuse when using E-Verify or conducting I-9 verifications, employers should:
* Provide information and training to their staff on the proper use of E-Verify or I-9 verifications.
* Ensure that all employees, regardless of their race, color, national origin, or other protected characteristics, are treated equally and fairly throughout the process.
* Follow all federal and state laws relevant to employment eligibility verification.
* Make sure that only those employees who are authorized to access E-Verify or I-9 information are allowed to do so.
* Store all employee data securely and keep it confidential.
* Avoid making any decisions based solely on E-Verify or I-9 information.

15. Are there any restrictions on which employee information an employer can access through E-Verify or the I-9 process?

Yes, employers are restricted from accessing employee information beyond what is necessary for the verification process. Employers must comply with the Privacy Act of 1974, which prohibits employers from collecting or using employee information for any purpose beyond verifying the employee’s identity and employment authorization. Generally, employers may only access information such as name, date of birth, Social Security number, immigration or citizenship status, and other information related to identity and employment authorization.

16. Can employers use E-Verify to verify the identity of existing employees, or just new hires?

E-Verify can only be used to verify the identity of new hires.

17. How can employers ensure that new hires understand their rights and responsibilities when completing the I-9 form?

Employers should provide new hires with education and training on their rights and responsibilities when completing the I-9 form. This includes providing a copy of the form and a complete explanation of each section. Employers should also ensure that new hires understand the importance of accurately completing the form and any document verification procedures that are required. Finally, employers should ensure that new hires understand that they may be subject to civil and criminal penalties for providing false information or withholding information when completing the I-9 form.

18. What steps do employers need to take to terminate or update employee information on E-Verify or in their I-9 records?

To terminate an employee’s information on E-Verify or update their I-9 records, employers must complete the following steps:

1. Update the employee’s I-9.
2. Terminate or update the employee’s profile in E-Verify by entering the proper information and selecting the appropriate action.
3. Print and retain the confirmation page for your records. This page will contain a confirmation code that can be used to access the case result in the future.
4. Notify the employee of his/her termination or update, as appropriate.
5. Retain the I-9 and E-Verify documents in accordance with applicable federal regulations and your own records retention policies.

19. Is there a risk that an employer’s use of E-Verify could result in a violation of privacy or other legal issues for their employees?

Yes, there is a risk that an employer’s use of E-Verify could result in a violation of privacy or other legal issues for their employees. For example, employers may be required to submit employee information to the E-Verify system without the employee’s knowledge or consent, which could be considered a violation of privacy. Additionally, employers may be at risk of violating anti-discrimination laws if they use the system in a way that disproportionately impacts certain protected classes of individuals.

20. How can employers handle errors in employees’ I-9 forms as well as discrepancies between the information provided on the form and what is found in an employee’s documents, such as a driver’s license or passport?

Employers should contact the employee and allow them to fix any errors or discrepancies found in their I-9 form. Employers should also provide the employee with guidance on how to rectify the problems. If necessary, employers may ask for additional documents to verify the employee’s identity and/or work authorization. The employer should document all efforts to verify the employee’s documents, and should keep a copy of the corrected I-9 form on file. Lastly, employers should ensure that they are in compliance with state and federal I-9 regulations.