By Jason Fry
On November 30, 2020, E-Verify informed enrolled participants of their employment verification obligations and information about applicable monitoring and compliance activities. The communication follows a series of emails distributed by E-Verify to help employers gain a better understanding of E-Verify requirements as reviewed in our previous blog.
United States Citizenship and Immigration Services (USCIS) helps to protect the misuse of the E-Verify system by monitoring compliance and working to resolve known issues. Monitoring and Compliance is designed to help improve the integrity of the E-Verify program, promote compliance and detect fraud.
USCIS may notify employers of their noncompliance with E-Verify and can help to assist the proper and lawful use of E-Verify. Some of these compliance activities include:
Desk reviews conducted by phone or email, and site visits, conducted onsite by E-Verify staff members can help participants and users to review and discuss compliance observations and recommendations.
According to USCIS, “Improper use of E-Verify or Form I-9 indicating potential fraud, discrimination or other illegal activities may be referred to Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) or other investigative or law enforcement agencies.”
USCIS has provided a list of employer do’s and don’ts for creating E-Verify cases on its website. Let’s start with their DO list provided on the website:
What Employers Should NOT DO, according to the website:
*Certain federal contractors may use E-Verify for employees hired before they are enrolled in E-Verify.
Employers can also check their E-Verify compliance practices with resources and self-assessment guides.
I-9 Management with E-Verify helps automate the E-Verify process. I-9 Management gathers all data at once and automatically submits a case, when applicable. The system monitors all open cases and notifies you when you need to take action to help you better manage your I-9 and E-Verify responsibilities.