USCIS Observes System Use and Gives Tips on Following E-Verify Instructions

Wednesday, March 5, 2014
As E-Verify becomes a more commonly used tool, the U.S. Citizenship and Immigration Services (USCIS) encourages employers to check their procedures to make sure that they comply with the requirements set forth by the law.  

The USCIS also monitors E-Verify and observes system use to help users comply with the E-Verify Memorandum of Understanding, E-Verify Manuals, Form I-9 instructions, and applicable laws.  E-Verify does not fine employers but may refer cases of suspected misuse, abuse, and/or fraud to appropriate agencies.  

The USCIS uses its Monitoring and Compliance for the following purposes:
  • Gives guidance on the proper use of E-Verify
  • Identifies and deters possible discriminatory practices
  • Sends timely emails to employers about case processing errors
  • Detects employer misuse
  • Conducts desk reviews and site visits to assist employers with E-Verify program compliance
  • Desk reviews take place via email and phone.  Site visits take place in person.  Both are opportunities for E-Verify staff and E-Verify users to discuss observations and recommendations.

USCIS recommends that when the employer creates their E-Verify cases they should do the following:

  • Create a case by the third day after the employee started work for pay
  • Review acceptable documents
  • Review a document with a photo
  • Print the Further Action Notice and discuss privately with the employee
  • Close cases properly
On the other hand, USCIS discourages employers from the following:

  • Create duplicate cases for the same employee
  • Verify employees hired before November 7, 1986
  • Create cases for employees hired before employer enrolled in E-Verify*
  • Request specific documents from employees
  • Immediately terminate employees who receive a tentative nonconfirmation
*Certain Federal Contractors may use E-Verify for employees hired before their enrollment in E-Verify

The USCIS has created Self-Assessment Guides and Webinars to help employers.  

The E-Verify Self-Assessment Guides help employers evaluate their E-Verify practices, stay in compliance and are useful training tools.
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