How Employers Can Verify Work Authorization of Legal Immigrants Through E-verify

It's against U.S. Immigration Law for companies to knowingly hire alien immigrants who do not have USCIS work authorization. Yet, there's a convenient online process which can save employers both money and time in determining whether a prospective employee is a legal alien authorized to work in the U.S.

The process of online employment authorization verification is done through the USCIS (United State Citizenship and Immigration Service) and is called "E-verify." While there are pages of information on the USCIS websites, there are three basic steps to the process of verifying immigration status for new employees.

• Enrollment of the business in the E-verify program

• Registration of authorized user(s) of the E-verify system.

• Completion of form I-9

Once you are enrolled and registered, you will find the process accessible and easy to use. After enrollment, verifying worker work authorization is a matter of data entry. Begin the process on the E-verify Home Page. You have to check the radio box to accept the standard terms of use, and you will be linked immediately to the enrollment page.

The next step in verifying immigration status of employees is to enroll your company or business. Whether you are a medium-sized business employing 100 people or a pizza parlor owner employing only three, you still have to follow USCIS employment rules regarding legal immigrants or aliens with work authorization. After you have checked the radio box affirming you will abide by USCIS rules, you should review the USCIS checklist before completing the enrollment questionnaire. The questionnaire begins with 4 "profiling" questions about your company and need to use the E-verify system. Answer to those 4 questions determine the type of access you have.

Once you have enrolled your business, the second step is to register users of the system. You may register yourself or other employees, authorizing them to use the system. Again, the registration process can be done online at the USCIS website.

When hiring the new employee, your first step is to request identifying information on Form I-9, copies of which may be downloaded from the USCIS website. The I-9 asks for SSAN, and at least one document from each of three categories, one of the documents possessing a recent photo. Acceptable documents from each category are listed at the bottom of the I-9. At the website, you can download form I-9 and view the document. The link is provided below. The employee must provide the information in Section I; the employer must complete Section II.

Since you have previously enrolled and registered authorized user(s) in E-verify, you may now enter the system to verify the information provided by the employee on the I-9. In most cases, information will be returned within five seconds. In the ideal scenario, you will receive the message "Employment Authorized."

Note: A requirement of enrollment and registration in the system is that you agree to follow USCIS rules. You will have to electronically sign an MOU (Memoranda of Understanding) attesting that you understand the regulations and respect the rights of employees. The MOU clearly states that you must inform the employee that you participate in the program of checking immigration status with the USCIS through the E-verify system. In addition, you must display a poster indicating that you use the E-verify system, and it must be printed in both English and Spanish.

Sources: USCIS Home Page; USCIS Enrollment Page; USCIS Form I-9 Download Page

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

http://www.uscis.gov/files/form/i-9.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD