By John Fay
E-Verify state requirements can be very difficult for HR to track and can also lead to potential regulatory concerns. At the federal level, the E-Verify program is largely voluntary, but more than 20 states have implemented an E-Verify mandate for employers and those laws are frequently changing.
For example, many state laws mandate E-Verify use across the board, or by a particular employer category. But others require E-Verify use for organizations based on whether they do business with a state or work pursuant to a covered state contract. And then there are a few state laws with a blended approach – providing organizations with the option to either use E-Verify or maintain copies of work authorization documents.
While some of these laws might lack teeth (in terms of enforcement), there are others which call for penalties, fines, or even public posting of known violators on their web sites. In light of these almost constantly changing and often-complex E-Verify requirements, employers should make a coordinated effort to successfully manage their I-9 and E-Verify obligations with both federal AND state rules in mind.
Watch our video to learn more about what your organization can do to help stay on the right track, as well as hear details on a recent update to Pennsylvania's E-Verify requirements which could dramatically increase the potential fines.
You don’t have to go it alone. Check out the I-9 Management service from Equifax to work more seamlessly with E-Verify and help you stay on top of your E-Verify requirements.
The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel. Equifax Workforce Solutions provides services that can help employers reduce their compliance risks. Details on our provision of these services and related support will be contained in your services agreement. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
About the Author
Job Title: Director of Product Strategy
John Fay is an attorney and technologist with a deep applied knowledge of business immigration, I-9, and E-Verify rules and procedures. During his 20-plus-year career, he has worked closely with corporations, educational institutions, and government agencies on a variety of U.S. immigration and I-9/E-Verify issues, often in connection with the use of software and case management technology. He is a frequent speaker on corporate immigration compliance, presenting at various employment and immigration conferences throughout the U.S. During the past decade, he has spoken in more than 300 live and virtual presentations on I-9 and E-Verify topics, often serving as the moderator. He is also a prolific writer on both I-9 and E-Verify, authoring more than 500 articles for human resources professionals and related associations.