As an employer, it’s essential to comply with federal regulations regarding employment eligibility verification. Two systems that assist with this process are E-Verify and Form I-9. Although both systems are designed to help confirm an employee’s eligibility to work in the United States, they serve different purposes and have distinct requirements. This article will explore the key differences between E-Verify and Form I-9, their legal requirements, and how employers can use them to ensure compliance with federal laws.
What is E-Verify?
E-Verify is an electronic system that allows employers to confirm the employment eligibility of their employees by comparing the information provided on Form I-9 to data from the Department of Homeland Security (DHS) and Social Security Administration (SSA). It is a voluntary program for most employers but is mandatory for some federal contractors and employers in certain states. The primary purpose of E-Verify is to ensure that employees are authorized to work in the United States, providing an additional layer of security for employers and helping to reduce instances of unauthorized employment. The system also offers a streamlined process, reducing the need for manual verification and providing real-time results.
What is Form I-9?
Form I-9, also known as the Employment Eligibility Verification form, is a mandatory document that all employers in the United States must complete for every employee they hire. This form aims to verify the identity and employment authorization of individuals hired for employment. Employers must examine the employee’s documentation, such as a Social Security card or passport, to verify I9 and ensure that the employee is authorized to work in the United States.
Key differences between E-Verify and Form I-9
Legal requirements for E-Verify and Form I-9
While Form I-9 is a mandatory requirement for all employers in the United States, E-Verify is voluntary for most employers. However, it is mandatory for certain federal contractors and employers in some states. Employers who participate in E-Verify must follow specific guidelines and procedures set forth by the DHS, ensuring that they comply with the program’s requirements. This includes completing Form I-9 for all employees and submitting the information to the E-Verify system within three business days of the employee’s start date.
Cons of sharing financial history
E-Verify does not require employees to share their financial history. On the other hand, Form I-9 may require employees to present documents such as a Social Security card or an unexpired foreign passport that contains financial information. Sharing financial history could concern some individuals, particularly those who have experienced identity theft or are concerned about privacy. However, it is necessary for employment eligibility verification purposes, and employers must handle sensitive information responsibly to protect employee privacy.
How employers enroll in and use E-Verify and Form I-9
To use E-Verify, employers must first enroll in the program through the E-Verify website. During enrollment, employers must provide basic company information, designate program administrators, and agree to the program’s terms and conditions. Once enrolled, employers can use the system to verify the employment eligibility of their employees.
Form I-9, on the other hand, does not require enrollment. Employers must complete the form for each employee they hire and retain it for a specified period. The completed forms should be stored securely and made available for inspection by authorized government officials when necessary. Employers must familiarize themselves with the proper completion and storage of Form I-9 to ensure compliance with federal regulations.
Types of information collected by E-Verify and Form I-9
E-Verify and Form I-9 require employees to provide information about their identity and employment authorization. However, E-Verify also requires employers to submit additional information, such as the employee’s Social Security number and, in some cases, a photograph. This additional data allows E-Verify to cross-reference records with the DHS and SSA databases, ensuring a more accurate verification process. Employers should ensure they collect the necessary information from employees while respecting their privacy and handling sensitive data responsibly.
Verification process for E-Verify and Form I-9
The verification process for E-Verify involves comparing the information provided by the employee on Form I-9 to data from the DHS and SSA. If there is a mismatch, E-Verify will issue a tentative non-confirmation (TNC), and the employee can resolve the discrepancy. Employers must provide employees with written notice of the TNC and allow them time to contest it. Form I-9 verification involves the employer physically examining the employee’s documentation to confirm identity and employment authorization. This process requires a hands-on approach, and employers must diligently check the documents’ authenticity.
How employers keep records for E-Verify and Form I-9
Employers must retain Form I-9 for either three years after the date of hire or one year after the date employment ends, whichever is later. Employers participating in E-Verify must also maintain a record of the E-Verify case verification number, which should be attached to the employee’s Form I-9. Employers must store these records securely and make them available for inspection by authorized government officials when necessary. Maintaining accurate and up-to-date records is crucial for demonstrating compliance with federal regulations and avoiding potential penalties.
Non-compliance with E-Verify and Form I-9 requirements penalties
Employers who fail to comply with Form I-9 requirements may face civil fines, criminal penalties, and even debarment from government contracts. Penalties for non-compliance with E-Verify requirements can include civil fines, debarment from government contracts, and referral to other enforcement agencies for further action. Employers must understand and adhere to the regulations surrounding E-Verify and Form I-9 to avoid potential penalties. Employers should regularly review their processes and consult legal counsel to ensure they meet their obligations.
Final thoughts
E-Verify and Form I-9 are two separate systems that assist employers in verifying the employment eligibility of their employees. While Form I-9 is mandatory for all U.S. employers, E-Verify is voluntary for most, though it is mandatory for certain federal contractors and employers in some states. Understanding the key differences between E-Verify and Form I-9 and their legal requirements can help employers ensure compliance with federal laws and avoid potential penalties. By staying informed about these systems and their requirements, employers can effectively verify the employment eligibility of their workforce and maintain a compliant work environment.
