Monthly Archives: August 2016

The impact of E-Verify

The first challenge with mandating E-Verify use is how much work it’s going to create for employers. According to the E-Verify user manual, a freelancer who wants to contract out work will need to become a program administrator, tasked with chores like registering new users, opening and closing accounts and adding other program administrators and users.  In the United States, following the great recession, employers are already walking on thin ice trying to meet payroll by any means necessary.  During tough periods for the economy, capital is very hard for employers to gain.  Adding even more challenges does not usually bode well.  Employers already have to maximize all available resources.  Introducing E-Verify could add to workload of staff, or even in some cases, hiring more staff to do the bureaucratic work.  Unlike the government, the private sector needs to make a profit to stay in business.  There the government goes again, adding more challenges for businesses to stay afloat with more regulations.

E-Verify regulations state that “Employers participating in E-Verify MUST:”
Follow E-Verify procedures for each newly hired employee while enrolled/participating in E-Verify.
Notify each job applicant of E-Verify participation.
Clearly display both the English and Spanish ‘Notice of E-Verify Participation’ and the ‘Right to Work’ posters.
Complete Form I-9 for each newly hired employee before creating a case in E-Verify.
Ensure that Form I-9 ‘List B’ identity documents have a photo.
Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
Obtain a Social Security number (SSN) from each newly hired employee on Form I-9.
Provide each employee the opportunity to contest a tentative nonconfirmation (TNC).
Allow each newly hired employee to start and continue working during the E-Verify verification process, even if he or she receives a TNC.
Ensure that all personally identifiable information is safeguarded.

But, “Employers participating in E-Verify MUST NOT:”

Use E-Verify to prescreen an applicant for employment.
Check the employment eligibility for an employee hired before their company signed the E-Verify MOU.
Take any adverse action against an employee based upon a case result unless E-Verify issues a final nonconfirmation.
Specify or request which Form I-9 documentation a newly hired employee must use.
Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.
Selectively verify the employment eligibility for a newly hired employee.
Share any user ID and/or password.

Every United States employer must do all of this and, also operate the business and generate a profit.  Remember health care before the government got involved.  Now are we again headed down the same road to disaster.  Another government run database can only invite disaster into the lives of law-abiding citizens who just want the opportunity to earn a living and support their families, you know, remember the American dream.  E-Verify can only turn into an American nightmare all things considered.

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