We’re witnessing more emphasis on immigration enforcement. Increasingly, that emphasis is being felt by employers, with a noticeable uptick in federal agency inquiries directed at workplaces. With more of a focus on employers’ compliance with immigration requirements, audits of employers’ E-Verify programs are on the rise, and companies should be prepared to respond when facing a review.
What is E-Verify?
E-Verify is a web-based system administered by the U.S. Department of Homeland Security and the Social Security Administration that is designed to confirm that a new hire is authorized to work in the United States. Participation in E-Verify is mandatory for federal contractors and voluntary for all other employers.
After an employer has completed the Form I-9 and checked the identity and work authorization documents provided by the new employee, an employer enrolled in the E-Verify program can electronically check whether the information provided by the new employee matches other governmental records. The E-Verify process acts as another level of verification aimed at identifying errors and preventing unauthorized individuals from working in the United States. Generally, the employer opens an E-Verify case and submits the information within three business days after the new employee begins work. After the employer has submitted a case to E-Verify, the business will be advised whether the individual is authorized to work, unauthorized to work in the United States, or more information is needed.
What is an E-Verify Desk Review?
An E-Verify Desk Review conducted by the United States Citizenship and Immigration Service (USCIS) is intended to determine whether an employer is complying with E-Verify and immigration law requirements. An employer’s selection for a Desk Review by the USCIS can be based on random selection, patterns or inconsistencies found in E-Verify cases, or complaints by employees or former employees.
The process begins with an employer receiving a notification from E-Verify Account Compliance. The notification will describe the scope of the Desk Review and specify what information and documents the employer must provide. Requested documents can include personnel and payroll information, Form I-9 records, and identity and employment eligibility documentation. Additionally, on-site visits and employee interviews can take place during a Desk Review. Significant errors or violations discovered as part of this process can lead to an expanded investigation of an employer’s immigration practices.
What should I do now?
An E-Verify Desk Review looks for instances where an employer is not following immigration law or E-Verify requirements when it comes to hiring new employees. To be prepared for a potential E-Verify Desk Review:
- Check to confirm your hiring, I-9, and E-Verify case procedures follow current laws;
- Train the individuals responsible for hiring, completing Form I-9s ,and processing E-Verify cases so they are following your procedures (and document their training); and
- Periodically audit your I-9 and E-Verify records to ensure compliance with requirements (and document the audits).
These measures put you in the best position to successfully respond to an E-Verify Desk Review.
