U.S. law requires that employers hire only work-authorized workers whether they are U.S. or foreign workers. While the I-9 compliance is mandatory, it does not enable the employer to determine definitively the work authorization status of its workers. This is where E-Verify is helpful.
E-Verify is a complementary, Internet-based system that allows businesses to determine their employees' work eligibility. While the United States Citizenship & Immigration Services (USCIS) has made, and is continuing to make significant progress and improvements to the E-Verify system, the use of the E-Verify system at this time is voluntary for U.S. businesses, unless it is an employer with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause. Some states may also require mandatory use of E-Verify for certain employers. Please seek legal advice to determine if the E-Verify requirements apply to you.
Presently, E-Verify is a companion to Form I-9, meaning that an employer must complete the Form I-9 before using the E-Verify system. Thus, it is recommended that employers use both the Form I-9, which is mandatory to all employers, and E-Verify, which is voluntary, with certain exceptions in order to ensure I-9 compliance.
For more information about the E-Verify requirements and how it can help your company with I-9 compliance, please contact the Paruthipattu Law Firm today.