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The Advantages and Disadvantages of Using E-Verify

Posted by Kripa Upadhyay | Sep 27, 2021 | 0 Comments

 E-Verify was established in 1997 to help stop people who violated immigration laws from legal employment opportunities.

Run by the U.S. Citizenship and Immigration Services (USCIS), E-Verify is a free internet-based system that helps employers check new applicants' employment eligibility and validity and their social security numbers. E-Verify was established in 1997 to help stop people who violated immigration laws from legal employment opportunities.

Employers can use information from an employee's Form I-9 to verify their identity and work authorization. E-Verify takes the document's information and compares it to federal databases to see if the data is viable. While the E-Verify program protects employers from civil and criminal consequences for undocumented workers, it is still critical to analyze the pros and cons of this free government system.

How Does the E-Verify Process Work?

E-Verify can confirm a new hire's identity, social security, and employment eligibility by linking multiple federal agencies. If there are discrepancies between the documentation and federal databases, a Tentative Nonconfirmation (TNC) will occur and allow the employee the chance to contest the TNC. However, if the employee chooses not to contest the TNC, the employer may terminate the employee due to their unconfirmed work authorization. 

While the E-Verify is optional for most employers, some exceptions include federal employees, federal contractors, and employees in certain states. If the employer chooses to use E-Verify, it's essential that they disclose this information to candidates prior to enrolling in the system. 

What Are the Advantages and Disadvantages of Using E-Verify?

Like any free government system, there are going to be advantages and disadvantages. While the E-Verify system has been in place for many years now, there are still some cons that may deter you from partaking in the program. Review the following for more information on the current procedures. 

Advantages

E-Verify was created with the hope that the program would help simplify confirming an employee's eligibility and make sure the company was complying with federal hiring regulations. Some of the main disadvantages that come with the program include: 

  • Provides interactive training, error checking, usage reports, and dedicated customer service
  • Quickly verifies a new employee's authorization to work
  • Has a 17-month extension for STEM employees who voluntary use the E-Verify program
  • Maintains a compliant workforce and almost eliminates Social Security issues
  • Is a free, easy-to-use internet-based system that employers can access anytime and anywhere

Some believe that E-Verify should be mandatory nationwide, and if this were to happen, those familiar with the program would have an advantage over those who don't. The program offers a lot of benefits. However, there are some limitations that should be considered. 

Disadvantages

The system is voluntary, but if you enter your information into the program, the government will have access to data on your company. Some other disadvantages may include: 

  • Does not prevent the possibility of immigration raids or detect identity theft
  • Increase in HR and company time for training and supervising employees with the system
  • May lead to government audits of employer workforce data
  • Increased risk of the government investigation of employer and possible fines for intentional or unintentional violations

With Immigration and Customs Enforcement (ICE) increasing enforced work authorization requirements, employers are encouraged to use E-Verify, which may help refine recruitment policies. E-Verify is an excellent tool for confirming employee eligibility. With convenience, speed, and reassurance, many find that using E-Verify helps employee work authorization and trust.

Contact Orbit Law for a Dependable Immigration Lawyer Today

While E-Verify allows employers to confirm the eligibility of employees to work in the United States, it does not check immigration status. At Orbit Law, we work with individuals and companies interested in working or immigrating to the United States. With years of experience representing and navigating clients through multiple types of immigration and employment visas, we are proud to provide clients with dependable legal services and accessible communication. 

Call (206) 623-3352 or fill out our contact form for more information about our services. 

About the Author

Kripa Upadhyay

Kripa Upadhyay Founder/Attorney [email protected] EDUCATION Seattle University School of Law, Seattle, WA, Juris Doctor (JD)  May 2007 ADMISSIONS Washington State Bar Association: Admitted May 2008 U.S District Court for the Eastern District of Washington: Admitted 2009 U.S...

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