{"id":4492,"date":"2016-04-04T11:47:33","date_gmt":"2016-04-04T16:47:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/business-laws-and-regulations\/e-verify-basics.html"},"modified":"2024-06-06T02:38:33","modified_gmt":"2024-06-06T07:38:33","slug":"e-verify-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/business-laws-and-regulations\/e-verify-basics.html","title":{"rendered":"E-Verify Basics"},"content":{"rendered":"\n
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E-Verify Basics<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last reviewed\n
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E-Verify is the product of law enforcement needs with technological advancements in today’s digital age. The federal government designed the system to make hiring more efficient and ensure compliance with immigration laws. It is a tool meant for employers to check the work authorization of their employees quickly. The use of E-Verify also assists with the prevention of hiring unauthorized workers in the country as sanctioned by federal law.<\/p>\r\n

Below is an overview of the E-Verify system, giving more insights into its primary purpose, function, and the process of how to use the system.<\/p>\r\n

What Is E-Verify?<\/h2>\r\n

The E-Verify system is a fast, free online service accessible to employers with internet access. It helps employers confirm new employees’ eligibility and authority to work in the United States. The Social Security Administration (SSA) and the U.S. Citizenship and Immigration Services (USCIS) administer the system. The system compares the information given by an employee to the records available in the U.S. Department of Homeland Security (DHS) and the SSA.<\/p>\r\n

When Is E-Verify Required?<\/h2>\r\n

For most employers participation in the E-Verify program is voluntary, but the program requires certain federal contractors, subcontractors, and projects with federal contracts to use it. Companies may have to follow e-verify requirements in some states when seeking a business license. Additionally, several states have begun mandating public and private employers to use E-Verify. For instance, most employers in Mississippi and Arizona are required to use the program.<\/p>\r\n

How E-Verify Works<\/h2>\r\n

In the E-Verify process, employers create cases based on the information they take from the employee’s Form I-9 (Employment Eligibility Verification). The E-Verify program then compares the information in the Form I-9 to the immigration records. These records are available with the U.S. Department of Homeland Security (DHS) and SSA.<\/p>\r\n

To start your E-Verify enrollment, visit the dhs.gov\/E-Verify website<\/a>. Click the "Getting Started" button to see the user manual on completing the enrollment process. After registration, you must sign a Memorandum of Understanding<\/a> (MOU). The MOU gives the terms of an agreement between you as an employer and the DHS.<\/p>\r\n

Employers can select which locations they want to register for E-Verify. For instance, if you are an employer, you can pick a designated hiring site to create an E-Verify case for new hires. You would only be asked to sign one MOU for this option. However, if you register a few hiring sites and each site performs its e-verification, each site needs its own MOU.<\/p>\r\n

Note that a hiring site is a job board that simplifies the hiring process for human resource officers. These job boards allow recruiters and employers to advertise the role and efficiently serve potential candidates. A company may create new cases for one or all of its job boards.<\/p>\r\n

Create a Case<\/h2>\r\n

Before an E-Verify user can create a case, the employer and employee must complete the Employment Eligibility Verification form (Form I-9). All U.S. employers must complete Form I-9 within three business days before employment. Employers use the information from Form I-9 as the foundation for an E-Verify case. They must create it within three business days after the employee starts working for pay.<\/p>\r\n

E-Verify guides the employer through a series of questions. Thus, it is helpful to have some of the following documents and\/or information ready:<\/p>\r\n