Even though e-Verify might seem like another tedious task to add to your long list of things to do when hiring an employee, the truth is that this tool is designed to make the process easier for you. E-Verify allows you to simplify the verification process to avoid hiring unauthorized workers, which in turn helps you stay away from the expensive headache of dealing with the legalities of hiring unauthorized workers.
You’re not required by law to use e-Verify, but a smart hiring manager will check each new employee through the e-Verify system. Here are a few things you need to know before getting started:
1. Completing the I-9 Form
Whether or not you use e-Verify, you must have the employee fill out the I-9 within three business days after the employee begins working. Once the I-9 form is completed, you can use that information to confirm through e-Verify that the employee is legal and they have the authorization to work in the United States.
Make sure the employee submits the appropriate documents to verify the information that is entered on the I-9. These documents need to show work eligibility, so that you can check the accuracy of their I-9 information.
2. You Get Instant Results
It gives you peace of mind to get instant results from the e-Verify authorization. If the employee’s information is incomplete or invalid, then you’ll know right away. You might receive a notification “DHS Verification in Process,” which means that a manual review is needed because the information doesn’t match the government records. But, you will still have an answer within 24 to 48 hours.
3. What is a Tentative Nonconfirmation (TNC)?
If the employee’s information doesn’t match the government records, then you might get a Tentative Nonconfirmation (TNC). The TNC doesn’t necessarily mean that the employee is illegal or doesn’t have authorization to work in the US. Instead, it is a notification to let you know that there is a mismatch of information.
Legally, the employee has 8 federal work days to work through the issue, and you need to allow them to continue working during this time. As an employer, you can’t take action after receiving a TNC, because you need to wait until you have received the final non-confirmation notice.
4. Don’t Use e-Verify as a Pre-Screening Tool
Don’t make the mistake of thinking that you can use e-Verify to prescreen candidates, because it is illegal for you to check a person’s information unless you have offered the person a job and they accepted the offer.
Also, you need to make sure to maintain consistency with e-Verify checking. If you choose to use e-Verify on one new hire, then you need to do it for everyone. You can’t selectively check employees, because each new hire needs to be treated in the same way.
5. e-Verify Doesn’t Offer Full Legal Protection
Just because you are using e-Verify, doesn’t mean that you are fully protected. It’s still your responsibility to check the corresponding work eligibility documents and ensure that the I-9 form is filled out correctly.