Revisiting E verify laws and the challenges it presents.

E-verify laws have been around for a while now but it doesn’t hurt to have a refresher course. On the positive side, since the system have been in place for a while now we can start to discuss the trends and possible challenges that business owners and administrators are facing, while still reinforcing the benefits of using it.

First let’s review the basics:

  • E-verify is an internet based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
  •  E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
  • You must follow the innocent before guilty theory and never discriminate or pre- judge if someone is eligible to work or not.
  • E verify must be done within 3 days of the employees start date. (check laws in your area)

To be clear, the E verify process isn’t all bad and it was actually implemented to help employers and their processes for hiring. It is a uniform way to help reduce discrimination, and really find out whether their new hires can work or not. This reduces your liability as a company too.

In light of the social media movement, I outreached to some networks on Linked in and Twitter to see what some of the challenges were. I got some interesting responses I feel are worth sharing. One linked in participant writes that the main problem is that you can’t use it as a pre screening method, therefore you have to train and go through all of the new hire practices normally even if you might have to let them go in a few days based off of the outcome. Another contact offers advice saying that you must know what you are getting into, and to remember that e verify does not replace the normal I9 document review process.
The overall solution to concerns and stresses about e verify is to make sure you stay informed.

  • Know your own states laws. The requirements for federal and state are different. In addition, laws might be changing soon especially with a new administration so stay up to date.
  • If you handle E verify on your own, talk to your own networks of business owners about any questions, comments or concerns

** Disclaimer: Every state law is different so please check the laws for yourself.Please offer any of your thoughts and experiences by commenting on our blog.