We’re witnessing more of an emphasis on immigration enforcement, which is increasingly being felt by employers and involves a noticeable uptick in federal agency inquiries directed at workplaces. With more of a focus on employers’ compliance with immigration requirements, audits of employers’ E-Verify programs are on the rise, and companies should be prepared to respond when facing a review.
What is E-Verify?
E-Verify is a Web-based system administered by the U.S. Department of Homeland Security and the Social Security Administration that’s designed to confirm new hires are authorized to work in the United States. Participation in E-Verify is mandatory for federal contractors and voluntary for all other employers.
After completing Form I-9 and checking the identity and work authorization documents provided by new employees, an employer enrolled in the E-Verify program can electronically check whether the information matches other governmental records. The E-Verify process acts as another level of verification aimed at identifying errors and preventing unauthorized individuals from working in the United States.
Generally, the employer opens an E-Verify case and submits the information within three business days after a new employee begins work. After submitting a case to E-Verify, the business will be notified whether the individual is authorized or unauthorized to work or more information is needed.
What is an E-Verify Desk Review?
An E-Verify desk review conducted by the U.S. Citizenship and Immigration Services (USCIS) is intended to determine whether an employer is complying with E-Verify and immigration law requirements. The USCIS’s employer selection for a desk review can be based on random selection, patterns or inconsistencies found in E-Verify cases, or complaints by employees or former employees.
The process begins when an employer receives a notification from E-Verify account compliance. The notification will describe the scope of the desk review and specify what information and documents the employer must provide. Requested documents can include personnel and payroll information, Form I-9 records, and identity and employment eligibility documentation. Additionally, on-site visits and employee interviews can take place during a desk review. Significant errors or violations discovered as part of this process can lead to an expanded investigation of the employer’s immigration practices.
What Should I Do Now?
An E-Verify desk review looks for instances of employer noncompliance with immigration law or E-Verify requirements when it comes to hiring new employees. To be prepared for a potential E-Verify desk review, you should take the following steps:
· Confirm that your hiring, I-9, and E-Verify case procedures follow current laws.
· Train the individuals responsible for hiring, completing I-9s, and processing E-Verify cases to ensure they follow your procedures (and document their training).
· Periodically audit your I-9 and E-Verify records to ensure compliance with requirements (and document the audits).
These measures put you in the best position to respond successfully to an E-Verify desk review.
Charlie Plumb is an attorney in the Tulsa office of McAfee & Taft and can be contacted at charlie.plumb@mcafeetaft.com.