E-Verify: Employer Dos and Don’ts
At Cotney Construction Law, we help employers comply with employment eligibility verification requirements. If you need assistance maintaining E-verify requirements, a Tampa business immigration attorney from our office will partner with you to help you work through the process and any issues that may arise. In the meantime, we’ll share some employer dos and don’ts with you.
The E-verify system gives U.S. employers the ability to confirm a potential employee’s work eligibility by comparing the individual’s information against millions of government records. Employers must always comply with E-verify requirements and ensure they do not wrongly discriminate, suspend, or terminate an employee. Ensure you do the following:
- Use E-Verify to verify all new employees regardless of national origin or citizenship (after they’ve completed the I-9 Form)
- Accept any Form I-9 List B document with a photo from an employee
- Inform applicants that you are using E-Verify by posting notices in the workplace
- Secure every employee’s personal information used to access E-Verify
- Allow an employee that is awaiting their social security number to be issued or who is contesting a Tentative Nonconfirmation (TNC) to continue working during that period
- Check E-Verify for updates regarding the employee’s status
- Do not use E-Verify to verify applicants (as a means to pre-screen) or your existing employees
- Do not use E-Verify in a discriminatory (suspicious) manner
- Do not discourage an employee from contesting or take any adverse action against an employee that is contesting a TNC
- Do not ask an employee to obtain their own Social Security Administration (SSA) or the U.S. Department of Homeland Security (DHS) printout or to provide additional documentation after receiving a TNC
What Happens If a TNC is Received?
- If an employee’s Form I-9 does not match government records, E-Verify will return a response with a TNC from the SSA or the DHS. This means neither agency could confirm that the employee’s information matches government records. As the employer, you are responsible for:
- Giving the written TNC notice to the employee
- Explaining the TNC process to the employee and their right to challenge the status
- Providing them with information to contest the TNC along with an E-verify referral letter
- Providing them with at least eight work days to contact SSA or DHS to contest
- Allowing the employee time to visit the SSA or DHS office to update their records
It is extremely important to maintain the employee’s privacy and treat them the same as all employees throughout this process by maintaining their job status, hours, pay, and training.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.