E-Verify is a very useful tool to reduce your risk. It is used to determine the eligibility of employees to work in the United States. The E-Verify system compares information from the candidate’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to authorize employment eligibility. This process ensures you are hiring only legal workers at your company.

The E-Verify process cannot be started until an individual accepts an offer of employment and after the employee and employer complete the Form I-9. The employer must initiate the query no later than the end of three business days after the new hire’s actual start date.

An employer may begin an E-Verify query before the start date of a new hire, but may not pre-screen applicants, delay training or delay the start date based upon tentative non-confirmation, or a delay in receiving the confirmation of employment authorization. The new hire personnel should not face any adverse employment result based solely upon the employer’s use of E-Verify, unless a non-confirmation is received.

In summary, E-Verify must be used in a non-discriminatory fashion. It must not be used consistently with all employees. If you have any questions about the E-Verify process, please contact one of our experienced consultants today.

Source: USCIS: What is E-Verify; USCIS: When May an Employer Initiate Query Under E-Verify