Is E-Verify on Its Way for Everyone?

If any immigration reform passes this fall, it is likely to require all employers to use the national employment verification system called E-Verify. Although the immigration reform bills under consideration in the U.S. House and Senate have little in common, they include very similar provisions when it comes to employment verification.

E-Verify electronically compares the information on newly-hired employees' I-9 Forms with records from the Social Security Administration and Department of Homeland Security to verify identity and employment eligibility.

Indiana already requires certain companies to use E-Verify — those that contract with state agencies or local governments and those receiving state or local grants of more than $1,000. More than 400,000 employers already use E-Verify, either voluntarily or because federal, state, or local laws require it. Use of E-Verify is mandatory for many companies, including certain federal contractors and companies with employees in states that require its use (AL, AZ, GA, LA, MS, NC, SC, TN, UT).

With E-Verify potentially on the horizon for all employers, this is a great time to learn how it works, including the practical and legal pros and cons, which can also help you to make an informed decision about whether to begin using it voluntarily. Many employers have chosen to use it voluntarily because it gives them eligibility information quickly — before they've invested significant time and resources in training new employees. And it eliminates those "no match" letters from the Social Security Administration that leave employers in a quandary about how to respond appropriately. But E-Verify also has drawbacks, including increased exposure for minor errors or technical violations, many of which would not be identified except by audit.

Those are just a few examples of the many considerations to be weighed in deciding the best approach for your company. But given the likelihood it will be included in any immigration reform law that passes this fall, companies should do their homework now.

This article also appeared in RV Focus: A Newsletter for the RV Industry Professional, authored by lawyers who understand the RV industry and take a practical look at legal issues that can affect a company. Legal problems are costly and distracting, and company time is better spent focusing on production, sales, cost control and business relationships.