On March 21, the U.S. Citizenship and Immigration Services (USCIS) unveiled “E-Verify Self Check,” a new program that grants individuals access to their employment eligibility status and allows them to submit necessary corrections to the Department of Homeland Security (DHS) or Social Security Administration (SSA) before seeking employment.
While this new program is expected to benefit organizations by reducing the occurrence of Tentative Nonconfirmations (TNC), employers need to understand the potential compliance concerns this new service creates, and how to address E-Verify Self Check should a job applicant inquire.
The DHS has provided the following guidelines for employers:
E-Verify Self Check is not for employer use and employers may not require workers to use Self Check or request to see Self Check results.
- E-Verify employers must continue to run an E-Verify query on each new hire (or existing employee, if applicable) even if the new hires have previously verified their employment status using Self Check. The results of a Self Check query do not replace the results of an E-Verify query.
Employers may not accept the results of a Self Check query as a document to fulfill the requirements of Form I-9 Employment Eligibility Verification. Only documents on the Form I-9 list of acceptable documents may be used to complete the I-9 form.
With these guidelines in mind, employers can help maintain a compliant Form I-9 and E-Verify employment eligibility program.
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Effectively Managing I-9 Employment Eligibility in the Face of Changing Legislation