E-Verify: Essential Information for Manufacturers
Written By:
David H. Nachman, Esq.
Ludka Zimovcak, Esq.
Snehal Batra, Esq.
Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.
Many U.S. employers, particularly in manufacturing, have likely heard of E-Verify. But what exactly is it, and do you need to use it for your business? Let’s break down what E-Verify is and how it could impact manufacturers.
What Is E-Verify?
E-Verify is an internet-based system, managed by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration. It helps employers verify that their newly hired employees are legally authorized to work in the U.S.
While all employers must complete Form I-9 to verify a new hire’s identity and employment eligibility, E-Verify provides an additional layer of security by electronically confirming the accuracy of the information provided.
How E-Verify Works
During the hiring process, employees present documents that establish both their identity and work authorization. When a company uses E-Verify, the system compares this information with data from government records to ensure authenticity. For instance, if an employee provides a state driver’s license, E-Verify checks the details against state records to confirm the validity.
If there is a mismatch between the information submitted and the records in the system, the employer is notified and must give the employee a chance to resolve the issue. If the employee cannot correct the discrepancy, the employer may terminate the employment.
While E-Verify does not shield employers from worksite enforcement actions, it does provide a presumption of good faith when confirming an employee’s work eligibility.
Is E-Verify Required?
For many employers, the use of E-Verify is voluntary. However, in certain situations, its use is mandatory:
State Requirements: Some states, like Florida and Arizona, require most employers to use E-Verify, while others may limit the requirement to public sector employers.
Government Contracts: Employers with federal contracts that include the Federal Acquisition Regulation E-Verify clause must use the system. Additionally, certain contracts at the local and state level may require its use.
STEM OPT Employment: Companies that employ foreign nationals on STEM OPT (Science, Technology, Engineering, and Mathematics Optional Practical Training) are required to use E-Verify to confirm work eligibility.
Manufacturers, especially those with federal contracts, should be aware of whether they are required to enroll in the E-Verify program and ensure compliance.
Best Practices for Manufacturers Using E-Verify
If your manufacturing business decides to use E-Verify voluntarily or is required to do so, implementing internal policies is essential for proper usage. Key best practices include:
Consistency Across the Organization: Use E-Verify for all new hires going forward to avoid any potential claims of discrimination.
Consulting Legal Counsel: Manufacturers with multiple worksites may have flexibility on whether they use E-Verify at all locations. It’s best to consult with an immigration attorney to clarify these options.
Potential Penalties for Misuse
Improper use of E-Verify, such as using the system in a discriminatory manner or continuing to employ individuals who are flagged as ineligible, can lead to penalties. Penalties may include fines, loss of government contracts, or even the suspension of business licenses.
Federal contractors who misuse the program may become ineligible for future federal contracts or face termination of existing contracts.
Why Should Manufacturers Consider Using E-Verify?
Even when not required, using E-Verify can offer several benefits. The system helps manufacturers ensure compliance with U.S. immigration laws by verifying the identity and work authorization of new employees. Additionally, it provides employers with protection against civil and criminal penalties by offering a presumption of good faith in the hiring process.
Finally, using E-Verify can streamline onboarding processes and protect manufacturers from unintentional non-compliance with employment authorization rules.
Future Updates: E-Verify+
In June 2023, USCIS announced plans to introduce a new system, E-Verify+, which will integrate the Form I-9 process directly with E-Verify. This upcoming platform aims to simplify the verification process by allowing new hires to enter their information electronically, automatically completing both Form I-9 and E-Verify. The goal is to reduce the administrative burden on employers and streamline compliance efforts.
More information on E-Verify+ will be available soon, but manufacturers may want to stay informed about these updates to enhance their hiring processes.
Conclusion: Staying Compliant and Efficient
For manufacturers, understanding E-Verify and its requirements is crucial to ensuring compliance with employment laws. Whether required by law or used voluntarily, E-Verify offers tools to verify that your workforce is legally authorized to work in the U.S.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.