E-Verify and Form I-9
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E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
Instant Verification of Employment Eligibility
E-Verify's most impressive features are its speed and accuracy. E-Verify is the only free, fast, online service of its kind that verifies employees' data against millions of government records and provides results within as little as three to five seconds.
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Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements.
Form I-9
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E-Verify
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Is mandatory |
Is voluntary for most businesses |
Does not require a Social Security number |
Requires a Social Security number |
Does not require a photo on identity documents (List B) |
Requires a photo on identity documents (Link B) |
Must be used to reverify expired employment authorization |
MAY NOT be used to reverify expired employment authorization |
The employer enters the employee's information from Form I-9 into E-Verify and submits the information to create a case.
E-Verify compares the information to records available to the U.S. Department of Homeland Security, including:
- U.S. passport and visa information
- Immigration and naturalization records
- State -issued driver's licenses and identity document information
- Social Security Administration records.
E-Verify sometimes displays a photo for the employer to compare to the photo on the employee's document to ensure the document photo has not been altered.
If the information matches, the case will receive an Employment Authorized result almost immediately.
If the information does not match, the case will receive a Tentative Nonconfirmation(TNC) result.
When to use E-Verify:
- Don't use E-Verify before offering an applicant employment. It is illegal f to use E-Verify to investigate a potential employee's authorization prior to offering them a job (unless required by federal law or as a condition of receiving federal funds).
- Don't use E-Verify on existing employees. It is illegal for an employer to use E-Verify to investigate an existing employee's employment authorization status (unless required by federal law or as a condition of receiving federal funds).
- Do use E-Verify after offering employment to a candidate. An employer may use E-Verify to investigate the employment authorization status of an applicant who has been offered employment.
- Employer must provide a job candidate with TNC notification. If an employer receives a Tentative Nonconfirmation after submitting their documents to E-Verify, the employer must (as soon as reasonable) give the employee any TNC or any other notification issued by the SSA or Department of Homeland Security related to the employee's case.
- Civil penalties of up to $10,000 can be levied on an employee who violates the E-Verify law. "Each illegal use of the E-Verify system for an employee or applicant is considered a separate violation."
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