Accurately completing Form I-9 and leveraging the E-Verify system can reduce the risks associated with hiring undocumented workers. The consequences of an unlawful workforce can be costly, including extensive damage to your brand, loss of productivity due to unplanned turnover, and fines.
We wrote this question-and-answer blog article to explain what the E-Verify process is, how it can protect companies from risks, and why we complete E-Verify for all our talent during onboarding.
What is E-Verify?
E-Verify is an Internet-based system. It confirms employment eligibility by comparing information entered by an employer from an employee’s Form I-9 employment eligibility verification to records available to the U.S. Department of Homeland Security and the Social Security Administration.
E-Verify checks are especially helpful for industries that historically have been targeted by U.S. Immigration and Customs Enforcement (ICE) and have issues with high turnover or use temporary workers. Examples of some of these industries include:
- Construction
- Manufacturing
- Hospitality
- Agriculture
- Food service
Why does Employbridge use E-Verify?
Although 23 U.S. states require at least some employers to use E-Verify, we complete the process for everyone we hire.
Because E-Verify confirms Form I-9 information, we consider it to be a higher level of verification for our talent. Employbridge believes it is worth our extra effort to confirm the eligibility status of everyone we employ. By doing so we can help clients avoid:
- Fines for employing ineligible workers
- Loss of trained workers who are found to be ineligible during conversion to full-time employees
- Legal fees associated with potential fines and appeals
- Damage to employer’s reputation after an ICE investigation
What kind of immigration compliance verifications are required when hiring an employee?
It is mandatory for employers to verify the identity and employment authorization of any new employee working in the United States by completing and retaining a Form I-9.
Is participation in E-Verify mandatory?
Participation in E-Verify is voluntary for most employers. Once signed up, companies must use E-Verify at all their enrolled sites.
Other employers are mandated to use E-Verify pursuant to numerous state laws or federal contracts under the Federal Acquisition Regulation (FAR) rule. FAR requires contractors to use E-Verify in an effort to reinforce the policy that the federal government does business only with organizations that have a legal workforce. FAR employers are able to verify their entire workforce, including existing employees.
What are the penalties for Form I-9 violations?
For paperwork violations, civil penalties range from $281 to $2,789. Violations for knowingly hiring or continuing to employ unlawful workers range from $698 to $5,579 for first-time offenders. Penalties for three or more violations can range from $8,369 to $27,894.
Notably, clients may also be charged for violations under joint employer liability, even if a staffing company directly employs the workers.
How seriously does Employbridge take immigration compliance?
At Employbridge, compliance is a cornerstone of our operations. We implement E-Verify checks for all talent as part of our onboarding process, including for temporary, seasonal, temp-to-hire, and direct hire positions.
A dedicated team specializes in work authorization issues and conducts audits and anti-discrimination reviews in collaboration with experienced outside legal counsel. This team plays a crucial role in ensuring that eligible workers are not erroneously excluded due to unfamiliarity with certain documents or complex U.S. Citizenship and Immigration Services (USCIS) guidelines, an area of recent emphasis by the Department of Justice. Furthermore, our experts are adept at navigating E-Verify challenges, including the resolution of tentative nonconfirmations (TNCs).
What are the benefits of a staffing company that uses E-Verify?
Partnering with a staffing company that utilizes E-Verify not only safeguards client interests and those of our talent but also instills confidence in the reliability and legality of the workforce placed at your site.
Additional advantages include:
- Shielding businesses from financial and reputational damages
- Strengthened regulatory compliance
- Assurance during audits or investigations
- A competitive edge in the marketplace
Why partner with Employbridge?
Employbridge is committed to taking an industry-leading position when it comes to compliance. And as your staffing partner, we are here to answer any questions you have about our eligibility confirmation process and our talent. Contact us to learn more about our workforce compliance efforts.