Section 3 requires employers to recognize the identity and work eligibility of former employees who have been reinstated within three years of their first separation (although employers can complete a new Form I-9 so that employees can re-verify their identity if they wish). A: If an employee is reinstated to work for the same registered E-Verify employer, the employer may use that employee`s existing Form I-9 and E-Verify record. In accordance with the retention procedures of Form I-9, employers must retain completed forms for three (3) years after the date of hiring or one (1) year after termination of employment, whichever is later. If the employee has already gone through E-Verify, the case resolution number will be added to their Form I-9 according to the program requirements. If the employer decides to treat the rehired employee as a new employee, they must complete a new Form I-9 and double-check the employee`s information via E-Verify. Employers who choose to restart the E-Verify process for rehired employees must maintain a consistent practice and guide all rehired employees through the program. A: Screening is defined as the use of E-Verify to determine a potential candidate`s job eligibility before that person is offered a position. The E-Verify program can only be used to verify the job eligibility of all newly hired employees. At the earliest, the employer may submit an application after a person has accepted an offer of employment and the employee and employer have completed Form I-9.
The employer must initiate the application no later than the end of 3 working days following the effective start date of the new employee. For example, Company X always assigns new employees a start date that is 2 weeks after the employee has completed an approved drug test. Once the employee has accepted a job with Company X and The Employee and Company X have completed Form I-9, the company can initiate the E-Verify request. However, the company cannot speed up or delay the employee`s start date based on the results of the query (unless the program issues a final non-confirmation, in which case the employee should no longer be employed). Employers must screen employees in a non-discriminatory manner and cannot schedule applications based on national origin, citizenship status, race, or other characteristics prohibited by U.S. law. Form I-9, a three-part form that all U.S. workers must complete, is used to verify an employee`s identity and ensure they are eligible to work in the United States. Form I-9 itself contains detailed instructions that employers must offer to employees and use themselves to ensure it is completed correctly.
A: As mentioned earlier, the E-Verify program can only be used to verify the job eligibility of newly hired employees. According to the letter of intent, which all employers must sign before using E-Verify, the employer is required not to delay the employee`s first day of work, postpone planned training, or take other adverse measures due to non-preliminary confirmation. Such actions during the TNC period for an employee violate the anti-discrimination clause in the letter of intent. The Support Our Law Enforcement and Safe Neighborhoods Act, Arizona SB1070, is one of the strictest anti-immigration laws in the United States. Arizona`s new law allows police officers to ask questions about a person`s immigration status based on “reasonable suspicion.” The law also prohibits local governments from adopting policies that require or allow less than full enforcement of immigration laws, thereby prohibiting so-called safe haven provisions. The law also makes it illegal to recruit workers, often called day labourers. A: USCIS has a number of FAQs about E-Verify on the E-Verify DHS website. The website can be found under www.dhs.gov/e-verify. In addition, E-Verify users have access to the online resources section of the E-Verify system, which contains frequently asked questions, a glossary of terms, a user manual, and other useful links and information about the program and related immigration elements. Some of the nine states with mandatory E-Verify laws provide exemptions for employers most likely to hire unauthorized workers. In North Carolina, employers are not required to submit data on seasonally hired workers to E-Verify, while South Carolina exempts farm workers and those employed in private homes from the E-Verify requirement. If you need help ensuring you comply with the law, we can help you by training your employees, helping you establish internal audit measures, or addressing related staffing issues.
Contact us today to schedule a consultation with a certified HR professional. And for more practical information and tips to help you best manage your workforce and stay up to date with relevant state and state laws in Arizona, subscribe to our weekly blog today. State laws often require employers to file affidavits certifying that they are registered with E-Verify to renew their business licenses. The South Carolina Department of Labor, Licensing, and Regulatory Affairs annually requests lists of new employees and E-Verify results from two percent of employers. One-sixth of approved employers are non-compliant and must submit quarterly reports on new hires for one year. Employees are also asked to check if they are eligible to work in the United States and must sign the form to confirm that they are. And if a creator or translator has helped the employee complete the form, the creator/translator must provide their name and address, as well as sign and date the form in the “Creator and/or Translator Certification” section of this section. A: By law, E-Verify can only be used to verify newly hired employees of a registered E-Verify company.
The letter of intent that employers sign up when enrolling in the program explicitly states that E-Verify cannot be used to pre-screen potential employees, selectively screen only certain employees, or verify current employees of the company. The training program and user manuals explicitly state the same limitations. While many employers have expressed a willingness to use E-Verify Pre-Hire, only a legislative change to the law that authorizes E-Verify will allow employers to verify the employment eligibility of potential employees. The Employer understands that if the Employer uses the E-Verify procedures for purposes other than those permitted in this Letter of Intent, the Employer may be subject to reasonable legal action and immediate termination of its access to the SSA and Department of Homeland Security information by E-Verify in accordance with the Letter of Intent agreed to by the Employer. To use Section 3 to recertify a previous parameter, you must review its documentation and complete the same information required in Section 2 of Section 3, as well as a new certification signature. Bier said only about 60 percent of new hires in states that impose the system, such as Arizona, go through E-Verify. Even if everyone had adhered to the mandate, about 50 percent of unauthorized workers would have found ways to pass the E-Verify check, Bier said, for example, with other people`s social security numbers. You should ask them to complete this section when they accept your job offer. If they do not, they must complete it no later than the end of their first day of work. Despite the headlines, however, the foundation of your legal obligations related to immigration lies in the Federal Immigration Reform and Control Act (IRCA).