Discover how E-Verify is used in relation to Form I-9 and its significance in the employment eligibility verification process.
Understanding E-Verify and Form I-9
Though they are related, E-Verify and Form I-9 are distinct from one another.
E-Verify is an internet-based system that allows employers to verify the employment eligibility of their employees in the United States. Form I-9 is a document that employers are required to complete for each employee to verify their identity and eligibility to work in the country.
By using E-Verify in conjunction with Form I-9, employers can ensure that their workforce is legally authorized to work in the United States.
Benefits of Using E-Verify for Form I-9 Compliance
Using E-Verify for Form I-9 compliance offers several benefits for employers:
- Increased accuracy: E-Verify can help reduce errors and discrepancies in the employment verification process, ensuring that employees are properly authorized to work.
- Streamlined process: E-Verify automates the verification process, making it faster and more efficient for employers.
- Legal compliance: Utilizing E-Verify helps employers comply with federal laws and regulations regarding employment eligibility verification.
- Protection against penalties: By using E-Verify, employers can mitigate the risk of penalties and fines for hiring unauthorized workers.
Legal Requirements and Regulations
Employers are legally required to complete Form I-9 for each employee hired, regardless of their citizenship or immigration status. Again, each and every employee hired must complete Form I-9 or their employers are out of compliance.
When it comes to using E-Verify, however, employers have a choice.
When using E-Verify, employers must follow specific guidelines and regulations, including:
- Informing employees about the use of E-Verify and obtaining their consent.
- Completing the E-Verify process within three business days after the employee's hire date.
- Properly storing and maintaining Form I-9 records and E-Verify results.
It is important for employers to stay updated on any changes or updates to the legal requirements and regulations surrounding E-Verify and Form I-9 compliance.
Common Misconceptions About E-Verify
There are several common misconceptions about E-Verify that should be clarified:
- E-Verify is not a background check: E-Verify is used to verify employment eligibility, not to conduct background checks on employees.
- E-Verify is not discriminatory: E-Verify is designed to treat all employees equally and does not discriminate based on race, national origin, or citizenship status.
- E-Verify does not replace Form I-9: E-Verify is used in conjunction with Form I-9 to verify employment eligibility, but it does not replace the need for completing Form I-9.
- E-Verify is not foolproof: While E-Verify can help detect potential identity fraud or unauthorized employment, it is not infallible and may occasionally produce false positives or negatives.
Best Practices for Employers Using E-Verify
To ensure effective and compliant use of E-Verify, employers should consider the following best practices:
- Stay informed: Regularly review updates and changes to E-Verify policies and procedures to maintain compliance.
- Consistency: Apply E-Verify consistently to all new hires to avoid potential discrimination claims.
- Document retention: Maintain accurate and organized records of Form I-9 and E-Verify results for the required period of time.
- Seek legal guidance: Consult with legal professionals specializing in immigration and employment law to ensure compliance with E-Verify and Form I-9 requirements.
TrendSource Virtual I-9 Verifications with E-Verify
TrendSource offers virtual I-9 verification services with integrated E-Verify functionality.
This streamlined solution allows employers to efficiently complete the Form I-9 process and verify employment eligibility using E-Verify. This is done over a video chat, in which the New Hire presents their documents to a TrendSource Verification Specialist.
By utilizing TrendSource's Virtual I-9 Verifications with E-Verify, employers can save time, reduce errors, and ensure compliance with employment verification regulations.