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About E-Verify Program: Authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), E-Verify program is an Internet-based program run the Department of Homeland Security (DHS) in partnership with Social Security Administration. Its purpose is to ensure a legal workforce, protects jobs for authorized workers, deters document and identity fraud, and works seamlessly with Form I-9.

E-Verify was originally established in 1997 as the Basic Pilot Program to prevent illegal aliens from obtaining employment illegally in the United States.  As of November 30, 2012, a total of 20 states require the use of E-Verify for at least some public and/or private employers. 

On January 2015, 568,759 U.S. companies or organizations had joined E-Verify program to verify the employment eligibility of their employees after hire.  Every week, more than 1,400 new companies enroll in the program. It is also used at more than 1.4 million hiring sites.  In fiscal year 2014, more than 28 million were run.

Mandated Use: Participation in E-Verify program is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify. For example, most employers in Arizona and Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

E-Verify enrollment is also mandatory for employers who want to extend OPT for their F1 visa employees. (F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension. )

E-Verify Process: E-Verify program compares information from an employee's Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date.

The employee first completes Form I-9, Employment Eligibility Verification, with social security number(SSN) on Section 1. If the employee has not been issued SSN, he or she must attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify.

If employee provides email address, employer  must enter it into E-Verify.

The employee can choose which acceptable document(s) to present. If the employee provides a Form I-551 Permanent Resident Card, a Form I-766 Employment Authorization Document, or a US Passport or Passport Card, the e-verify system will automatically prompts to compare the employee’s photo ID with a photo displayed in the system, the employer must make a photo copy and retain with the Form I-9.

Case results can be initial, interim or final. Every case must reach a final case result before it can be closed. An interim case result means additional action is required.

An SSA or DHS Final Nonconfirmation case result is received when E-Verify cannot verify an employee’s employment eligibility after an employee has contacted DHS or visited an SSA field office.  A DHS No Show indicates that the employee did not contact DHS within the eight federal government workdays. A DHS No Show response is considered a Final Nonconfirmation.

The employer can terminate employment with no civil or criminal liability.  

E-Verify program is free. Neither employers nor employees have to pay to use the system.

E-Verify Database: Our E-Verify company database includes 416,452 employers(companies or organizations) and federal contractors enrolled in E-Verify through April 1, 2015. Only those who have self-reported that their company has 5 or more employees will be displayed in search result.

E-Verify employers are different from visa sponsoring companies. The database was obtained from USCIS and should be updated every quarter. Click here to know more about E-Verify program.

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