With the U.S. juggling an economic crisis, military actions abroad, and healthcare reform, immigration issues have taken a back seat during the last year or so. Therefore e-Verify legislation, long a middle of discussion and controversy, hasn't been receiving all the attention lately. However, as employment and immigration begin to take center stage in the national discourse again, worker authorization verification will yet again be a hot topic.
Employers and HR professionals should seriously consider the news on e-Verify. Standby time with the program is still technically voluntary for most private businesses. However, it is becoming a de-facto necessity for companies that wish to protect themselves from compliance risks. ICE tips place e-Verify in the pivotal role and make it clear that employers who do not use this free, web-based verification system will likely be considered lax in their adherence to immigration law.
Here's an overview of recent legislation and also other pertinent news surrounding e-Verify:
September, 2009: The mandated utilization of e-Verify for contractors doing business with the federal government goes into effect. Over 165,000 companies are impacted.
October, 2009: Congress agrees to invest in e-Verify for 3 more years on the tune of $43 billion total. Funds will likely be used to ensure federal contractors adhere to the new rules and (hopefully) fix a few of the shortcomings that still plague the system. The current error rate of 3-4% along with the failure to cope with worker identity fraud are top concerns.
December, 2009: The Westat report is fully gone (with results released on the public at the beginning of 2010). It shows a startling 54% error rate for authorizing workers who needs to have been flagged in the system for more investigation. The report does explain that the number of unauthorized workers slipping with the cracks constituted only 3.3% from the total population reviewed in the study.
March, 2010: USCIS along with the DHS join forces to help curtail misuse and discrimination by employers who use e-Verify incorrectly. This consists of the creation of new training materials for employers and a hotline for employees who have questions about their rights in relation to e-Verify.
April, 2010: At this time, 21 states have either implemented legislation and have legislation pending concerning the use of e-Verify. These constitute a mish-mash of regulations for public and private employers along with state contractors. Some states, such as Arizona, require all employers to use the system. On the other hand, Illinois is strongly resisting the application of e-Verify. The constitutionality of some laws is predicted to be reviewed from the Supreme Court.
Current: The USCIS plans to enhance e-Verify reducing fraud by adding photos from U.S. passports on the photo tool database. The system will probably begin to incorporate state DL information at some stage in the future. Biometric data could also be used for verification in the event the technology and implementation might be worked out. Some of the funding designated in October may be used to support these initiatives.
Should Employers Be Using e-Verify Voluntarily?
Over 192,000 employers utilize the e-Verify system currently. This online system can streamline I9 verification significantly for organizations of any size. Employers who use it correctly notice a greatly decreased chance of fines and penalties in the case of an ICE audit.
Accessibility program is free of charge; but training is required to ensure an employer's I9 administrator and HR workers follow federal guidelines for use. For example, e-Verify should be used only after an employee is hired. All tentative non-confirmations of eligibility status must be investigated and confirmed before any negative action is taken against an employee who is flagged in the system. The e-Verify program is simplest for HR to use appropriately when it's interfaced with new hire on boarding software such as the Universal On boarding solution using the I9 management option.
For more information about Verify Identity.
