E-Verify is a free Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA). It helps employers determine employment eligibility of new hires and the validity of their Social Security numbers. It verifies employees’ data against millions of government records and provides results within seconds to confirm employment eligibility. The usage of E-Verify is mostly voluntary throughout the country, but a few states have passed legislation making its use mandatory. Conversely, some states have limited requirements of use of E-Verify.
Alabama, Arizona, Georgia, Louisiana, Mississippi, South Carolina, North Carolina, Tennessee, and Utah requireall businesses to use E-Verify. California, on the other hand, has a lawthat prohibits the state and its agencies, cities, and counties from requiring private employers to use E-Verify to confirm the legal immigration status of workers they hire. There is an exception to this law for private companies who are required to use E-Verify by federal law or as a condition of receiving federal funds.
Federal contractors and subcontractors are required to use E-Verify to verify their employees’ eligibility to legally work in the United States. Companies awarded a contract with the federal government must enroll in E-Verify within 30 days of the contract award date. They also need to begin using E-Verify to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.
Individuals who are not immediately cleared through the E-Verify system are given the opportunity to correct their government records in order to confirm their work eligibility.
If you have any questions about E-Verify or employment eligibility in general, please contact a partner in the Ivener & Fullmer, LLP Los Angeles office. We are a business immigration law firm, serving business owners, human resource professionals, and in-house counsel in public and private companies, as well as international business people, investors, and entertainers.