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The E-Verify Program: Significance for Employers and Employees The E-Verify program is a service offered by the Department of Homeland Security in partnership with the Social Security Administration. It allows participating employers to verify that newly hired employees are eligible for employment by checking the information on their Form I-9s against Department of Homeland Security and Social Security Administration databases. E-Verify is a free service, but employers must register for it in advance. Employers can go here to register. History and Growth The E-Verify program was originally established in 1997 under a different name (“Basic Pilot/Employment Eligibility Verification Program”). At that time, there were two other programs that provided a similar service. However, these programs have since been discontinued. Currently, over 52,000 employers participate in the program. Millions of requests have been made since the program’s inception. USCIS expects that at least 300,000 businesses will be enrolled in the program by the end of the 2009 fiscal year. In August 2007, biometrics were first added to E-Verify in the form of the Photo Screening Tool, which allows an employer to check the photograph on a new hire’s Employment Authorization Document. Plans are also underway to allow searches in Spanish. In the fall of 2007, the U.S. federal government announced its directive requiring that the system be used in the hiring process for its employees. Currently, all employers in the state of Arizona are also required to use the service. Furthermore, several other U.S. states, including California and South Carolina, are showing signs of adopting the program on a larger scale, and perhaps even making it mandatory for some or all employers in the state. Controversy Surrounding E-Verify Various objections have been raised about the E-Verify service. For example, complaints have been made about the lack of security of the data and the possibility of increased identity theft. Other objections have been made regarding possible errors in the system—which occur most often because of name changes after marriage or failure to notify the government of naturalization. Currently, the error rate is about 8% (although some sources claim it is as high as 10%). Some people are uncomfortable with this because a result of “not authorized to work” allows an employer to legally deny an applicant a job. In fact, based on objections about the program’s unreliability, the state of Illinois passed a law banning Illinois employers from using the system at all. The U.S. Department of Homeland Security (DHS) filed a lawsuit against the state of Illinois, attempting to invalidate this law. The state of Illinois has since stopped enforcing the law but is attempting to rework it in response to the DHS’s objections. It remains to be seen how the Illinois ban and the overall controversy surrounding the program will be resolved. Significance for Employers Most obviously, the E-Verify program is a free and relatively easy way for employers to verify the work authorization of potential employees. This is particularly helpful in light of some states’ recent and upcoming crackdowns on illegal immigration and companies that hire illegal immigrants. By using the E-Verify program, employers can ensure that they are not breaking the law and thus avoid falling victim to these crackdowns. The E-Verify program is also significant in light of the recent policy released by the DHS about the length of the F-1 optional practical training (OPT) period. After this policy goes into effect, qualified OPT employees of companies who use the E-Verify program will be able to apply for a 17-month extension of the OPT period (more information on this policy is available here). Significance for Employees Since most errors in the E-Verify system are caused by outdated information, potential employees should make sure to keep their information updated with the Social Security Administration. In particular, potential employees should make sure to update their information if (1) they change their names after getting married or divorced, or (2) they become U.S. citizens. Furthermore, under a new DHS policy, current OPT workers in certain science, technology, math, and engineering fields may soon be able to apply for an OPT extension if their current or future employers use the E-Verify system (more information on this policy is available here). Therefore, it may soon be in the interest of OPT workers to choose employers that use the E-Verify system—or to encourage their current employers to enroll in the program. ---------- Zhang & Associates, PC. (04/11/2008) For more immigration news, please click here |
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