Employment Eligibility Verification

Charleston Immigration Lawyer Explains E-Verify

This is a legal process where the employers who hire foreign workers, using an internet based system, become active participants with the Department of Homeland Security (DHS) in determining the eligibility of their workers to legally be employed in the U.S. by our employers. It thwarts illegal workers from obtaining American jobs with false, forged or no required credentials. No filing fees are associated with this program.

Currently, this process is only mandatory in both Arizona and Mississippi, and with employers who have federal contracts and sub-contracts with E-verify clauses, but the winds of change are blowing. E-verification regulations are in flux so employers need to keep abreast of the most current laws in this regard.

Participating employers must post visual notice that they E-verify, but cannot use this system to pre-screen job applicants or re-verify current employees. Instead, they gather information and forward it to the Social Security Administration (SSA) and if necessary, possibly the Department of Homeland Security. If the government cannot verify eligibility for work the employer must provide the employee in question with opportunity to resolve its issues with the government before any termination of employment.

Under federal law, both employers and employees making false statements regarding verification may be subject to fines and imprisonment.

Participating employers may want to consult an attorney at Charleston USA Immigration Law Center, LLP about instituting an E-verification program with its human resources department. Our firm is constantly monitoring the changes in this regard and we expect the 2013 immigration reform law to alter the E-verification requirements when enacted. Check this website for the latest updates.