The U.S. Citizenship and Immigration Services (USCIS) has launched E-Verify+, an innovative program designed to streamline employment eligibility verification by integrating the Form I-9 process directly into E-Verify. This evolution in the system promises to ease the burden on employers, reduce duplication, and increase efficiency in the hiring process. E-Verify+ allows employees to complete their Form I-9 through E-Verify itself, eliminating the need for employers to manually handle documentation submission and reducing the possibility of data entry errors.
The Roots of E-Verify+
E-Verify+ is not a sudden innovation but rather a refinement of the employment verification landscape, emerging from years of development and the flexibilities introduced during the COVID-19 pandemic. The pandemic saw the USCIS relax the traditional in-person verification requirements for Form I-9 completion, allowing for virtual reviews of employee documentation. These pandemic-era adaptations paved the way for permanent changes in the system, culminating in E-Verify+.
A Brief History of E-Verify
To fully appreciate the significance of E-Verify+, it is important to understand the origins of the E-Verify system itself. Originally launched in 1997 as the Basic Pilot Program, E-Verify was developed to assist employers in confirming the eligibility of their workers through collaboration between the Social Security Administration (SSA) and USCIS. While it has always been voluntary at the federal level, several states, including Alabama, Arizona, and Florida, have made E-Verify mandatory for certain employers, especially those working with government contracts.
How Does E-Verify+ Work?
Employers invited to participate in E-Verify+ must enroll through their existing E-Verify accounts. After accepting the Terms of Service and viewing a brief training video, employers can begin using E-Verify+ to streamline their hiring process.
Here's how the process works:
- Job Offer: The employer initiates the process after a job offer is made and accepted.
- Case Creation: The employer selects the E-Verify+ option in their E-Verify account and enters the employee's basic details.
- Employee Action: The system sends an email to the employee, prompting them to complete their Form I-9 directly through their myUSCIS account. Employees can upload documentation, and the system checks the documents for authenticity.
- Notifications: Once the Form I-9 is submitted, employees receive immediate feedback, either confirming their employment authorization or providing instructions to resolve any discrepancies.
- Employer Review: Employers review the documentation in person or via virtual verification, depending on the alternative procedures they use.
Benefits and Challenges of E-Verify+
For both employers and employees, E-Verify+ offers several key advantages:
For Employers:
- Efficiency: The process integrates Form I-9 completion with E-Verify, reducing duplication and data entry errors.
- Automation: Employees are responsible for uploading their own documentation, reducing the employer's workload.
- Direct Notifications: Employees receive mismatch notifications directly, allowing for faster resolution of issues.
For Employees:
- Control: Employees gain more control over their documentation and can reuse information stored in their E-Verify+ account with future employers.
- Security: E-Verify+ ensures greater protection of personal data by storing it within the secure myUSCIS system.
However, there are also potential drawbacks:
- Government Oversight: With employee data initially being stored by the government, some employers may worry about increased scrutiny from agencies such as the Immigrant and Employee Rights Section of the Department of Justice.
- Uncertainty with ICE: As E-Verify+ is new, it is unclear how Immigration and Customs Enforcement (ICE) will handle compliance audits and whether they will accept E-Verify+ records as meeting their standards.
Conclusion
As USCIS gradually rolls out E-Verify+ across 2024, employers should evaluate whether participation in the program aligns with their compliance goals. Consulting with legal counsel experienced in immigration compliance is strongly advised for employers invited to join this new system.
Stay tuned for more updates from Saluja Law as we continue to monitor E-Verify+ developments and how they may impact your business.
For further insights on immigration compliance, feel free to contact us at Saluja Law. We specialize in helping employers navigate the complex landscape of U.S. immigration and employment verification processes.