In my last Insight, I explained what the E-Verify Program is and how it works.
Managers must be sure that they fully understand the additional regulations imposed in their particular state. As mentioned in my previous Insight, some states have mandated use of the E-Verify Program for some or all new hires.
Penalties for non-compliance can be very steep and may include monetary penalties as well as a suspension of all licenses required to operate your business. I do not think any managers want that to happen.
The areas where companies can become non-compliant include:
- Failure to enroll in the E-Verify Program within 30 calendar days of being awarded a contract (where federal contractors are required to use E-Verify).
- Failure to start using E-Verify within 90 days of the company’s enrollment in E-Verify (also a requirement for federal contractors).
- Failure to initiate a query within three business days of the employee’s start date. (This seems to be the one that gets abused the most.)
Managers often fail to check an employee’s I-9 form (Employment Eligibility Verification Form) before they submit it with the rest of his/her paperwork to be verified, resulting in a delay in the process.
Other requirements involve the employer’s obligation to certify that the employee’s documents appear to be genuine, relate to the individual and authorize him/her to work.
As you can see, there is substantial responsibility placed on managers with the use of this program.
Also, employers must utilize the latest version of the I-9 form, which was issued by the Department of Homeland Security effective April 3, 2009.
Employers are no longer allowed to accept expired documents. Any mistakes can significantly delay the process.
Steps Managers Should Take to Effectively Utilize the E-Verify Program
- Register on the Department of Homeland Security’s Web site. Registration is free. The site provides instructions for each stage in the process.
While all federal contractors will be mandated to participate by September 8, 2009, E-Verify is voluntary for most employers, except in the states of Arizona, Missouri, Mississippi and, beginning July 1, 2009, South Carolina.
- Verify the employment eligibility of all new hires, regardless of national origin or citizenship status, in order to comply with E-Verify rules and avoid discrimination claims.
One of the underlying premises of the E-Verify Program is to treat everyone equally.
- Complete the I-9 form with your newly hired employee. This must be submitted through the Internet no later than three business days after the new hire’s start date.
- The system compares—electronically—the I-9 form information submitted by the employee, to the data stored in both the Social Security Administration’s (SSA) and the Department of Homeland Security’s (DHS) databases.
- If the system verifies that the new hire is authorized to work in the United States, it displays a confirmation message. If the system cannot verify the employee’s eligibility, then it displays a “Tentative Non-confirmation” message.
In the case that the message comes back as a “Tentative Non-confirmation,” the employer must continue to employ the new hire while he/she contests the message with the appropriate government agency. During this period of time, the employer cannot terminate the employee.
Employees wishing to contest have eight days to contact SSA or DHS. If the discrepancy cannot be resolved, a final Non-confirmation message is issued and the employer must then terminate the employee and close the inquiry.
If, however, it displays a “Tentative Non-confirmation” message and the new hire doesn’t wish to contest it, the employer must terminate the employee immediately and close the inquiry.
Also, if you’re an employer who uses the E-Verify Program, you need to post a notice on your job site making applicants aware of this.
An Example
I recently received a call from one of my clients who lives in Arizona (a state where E-Verify is mandated).
This employer submitted all documents in a timely manner, with the exception of the I-9 form, which was not properly verified by the manager and contained improper documentation.
The company received a warning notice from DHS informing them that the appropriate paperwork was not received within the three business day deadline, and that any future violations could result in a fine of $110 or more per occurrence.
The company informed its management team that it was a mandatory government requirement to submit completed and verified paperwork no later than three business days after hiring a new employee.
Once the company did this, there were no more problems with paperwork submitted through the E-Verify Program.
It’s important for employers to be aware of this situation because many new hires don’t have all of their paperwork together right away, which will cause a delay in the process and, therefore, a potential fine for the employer.