{"id":6962,"date":"2012-03-01T00:00:00","date_gmt":"2012-03-01T00:00:00","guid":{"rendered":"https:\/\/insulation.org\/io\/articles\/e-verify-should-you-be-e-terrified\/"},"modified":"2012-03-01T00:00:00","modified_gmt":"2012-03-01T00:00:00","slug":"e-verify-should-you-be-e-terrified","status":"publish","type":"articles","link":"https:\/\/insulation.org\/io\/articles\/e-verify-should-you-be-e-terrified\/","title":{"rendered":"E-Verify: Should You Be E-Terrified?"},"content":{"rendered":"

Construction-related
\nemployers face a number of risks in their business, and perhaps none is more
\ncommon than the risk of employing unauthorized workers. The nature of the
\nworkforce in the construction industry and related trades means these employers
\nare often targets for investigations and raids by U.S. Immigration and Customs
\nEnforcement (ICE) looking for businesses that employ individuals not authorized
\nto work in the United States. U.S. employers are required to complete the Form
\nI-9 for new hires to verify work eligibility, but many do not complete the form
\nproperly, on time, or at all. Frequently, the company representatives tasked
\nwith certifying the form are not trained to complete the certification process
\nproperly, and any of these errors can lead to significant fines during a
\ngovernment audit. <\/span><\/p>\n

One tool employers may consider using to limit their risks in
\nthis area is the federal government’s E-Verify system, designed to quickly
\ndetermine whether new employees are authorized to work in the United States.
\nThe E-Verify system also offers a limited “safe harbor” to its users: if an
\nemployee is determined by E-Verify to be authorized to work in the United
\nStates, the employer is protected against liability if the E-Verify result was
\nan error and it later turns out the worker was not actually work authorized. As
\nexplained below, this is only one factor for employers to consider when
\ndeciding whether to register for the E-Verify system. <\/span><\/p>\n

While use of E-Verify is generally voluntary, many employers
\nare required by state or local law, or status as a federal contractor, to use
\nthe system. Additionally, Congress is currently considering legislation that,
\nif it becomes law, would phase in mandatory use of E-Verify for virtually all
\nemployers nationwide. With the government’s increased scrutiny of the private
\nsector workforce and with
\never-expanding E-Verify obligations, it is imperative that employers become
\nfamiliar with E-Verify’s basic rules and begin to plan for administrative
\nchanges in the event that using the system becomes mandatory for them.<\/span><\/p>\n

What Is E-Verify?<\/span><\/b><\/p>\n

E-Verify is the federal government’s online verification
\nsystem that uses Social Security Administration (SSA) and Department of
\nHomeland Security (DHS) databases to enable employers to verify that an
\nemployee is authorized to work in the United States. There is no charge for use
\nof the system.<\/span> <\/span><\/p>\n

Who Is Required
\nto Use E-Verify?
\nFederal Contractors and Subcontractors (and Sub-subcontractors, etc.)<\/span><\/b><\/p>\n

In
\n2008, President Bush issued an Executive Order requiring federal government
\ncontractors to use E-Verify to confirm the employment eligibility of employees
\nwho perform work on contracts within the United States. In September 2009,
\nregulations implementing this requirement went into effect. The regulations
\nrequire federal contractors to agree, through language inserted into their
\nfederal contracts, to use E-Verify to confirm the employment eligibility of all
\npersons hired during a contract term. In addition, the rule requires federal
\ncontractors to confirm the employment eligibility of current employees
\n“assigned to the federal contract” within the United States, which includes the
\n50 states and the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin
\nIslands. This requirement is a dramatic departure from the E-Verify rules that
\napply to all other users prohibiting use of E-Verify for any current employees.
\n<\/span><\/p>\n

State Laws<\/span><\/b><\/p>\n

Almost
\na third of states require use of E-Verify for some or all employers in the
\nstate. State legislation and court decisions result in an ever-changing list,
\nmaking it difficult for employers that operate in multiple states to keep up
\nwith their legal obligations. Employers should consult with legal counsel to
\ndetermine whether they are required to use the E-Verify
\nsystem in a particular state.<\/span><\/p>\n

At the time of writing, the following states required use of
\nE-Verify for all or most employers: Arizona, Alabama, Georgia, Louisiana,
\nMississippi, North Carolina, South Carolina, Tennessee, and Utah.<\/span><\/p>\n

Florida, Indiana, Missouri, and Nebraska require public
\nemployers and state government contractors (and most subcontractors) to use the
\nsystem. <\/span><\/p>\n

In Colorado and Minnesota, state government contractors must
\nuse E-Verify. And Idaho and Virginia require
\npublic employers to use the system.<\/span><\/p>\n

Should My Business
\nVoluntarily Enroll in E-Verify?<\/span><\/b><\/p>\n

Many
\nemployers have opted to voluntarily use the E-Verify system. By doing so, these
\nemployers are not likely to be significantly affected by a future federal
\nmandate to use the system. These employers also avoid having to make sense of
\nthe ever-changing patchwork of state laws requiring use of the system. But
\nother employers have taken a wait-and-see approach to E-Verify and, absent a
\nmandate to do so, have not enrolled in the system. Both approaches present
\nbenefits and problems, and employers should carefully consider a number of
\nfactors, including those below, and consult with legal counsel in determining
\nwhich course to take.<\/span><\/p>\n

Benefits of Using E-Verify<\/span><\/b><\/p>\n