E-Verify Self-Assessment Guides: A Good Tool but does not render Employer Audit Proof
By: Timothy Sutton, Communications Editor
In an effort to assist participating employers comply with the user requirements of E-Verify and to help improve participants’ overall use of the program, USCIS issued two self-assessment guides in June. Both guides are substantively similar, but are procedurally designed to assist two sets of users, either web-access or direct access users. Voluntary E-Verify participants will benefit from this recent assistance publication by following the eight-part checklist provided therein.
The self-assessment checklist covers, post-enrollment activities, creation of cases, photo matching, tentative nonconfirmation, DHS referral, SSA referral, final case resolution, and final case closure statements. USCIS touts E-Verify as an easy-to-use online tool, but warns, “Employers may be subject to legal action for some types of E-Verify misuse.” The self-assessment guide highlights below may surprise current E-Verify users who may unwittingly be noncompliant:
Monitored Activities Common Mistakes:
- Duplicate cases for same employee
- Verifying employees hired before 11/7/86
- Immediately terminating employee who receive a tentative nonconfirmation (TNC)
- Failing to create a case by the third day after employee started work for pay
- Creating cases for employees hired before E-Verify participant enrollment
Post-Enrollment Activities: Do web services comply with interface control agreements?
Creation of Cases: Is all personally identifiable information safeguarded at all times, with only minimal information retained?
Photo Matching: Are document photos matched to the photo on E-Verify rather than to the employee?
Tentative Nonconfirmation: Do case closure statements notify DHS if an employee who receives a TNC chooses not to contest is not terminated?
DHS & SSA Referral: Do E-Verify participants and employees both sign the English-language version of the referral letter?
Final Case Resolution: Upon receipt of a “DHS No Show” message, does the employee contact DHS within the required time?
Final Case Closure: Does the user file completed Form I-9 and all attachments in a secured location?
Although the self-assessment is a valuable tool to assist employers with E-Verify compliance, the checklists do not render a company audit proof. For assistance implementing best practices for E-Verify and other immigration related topics contact one of our immigration professionals.
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