E-Verify+ : A New Era of Employment Verification

By, Becki Young, Partner and Sofia Hassander, Attorney

The U.S. Citizenship and Immigration Services (USCIS) has introduced E-Verify+, which consolidates the following programs into a single online tool: 

  • Form I-9 (an Employment Eligibility Verification form that employers use to verify the identity and employment authorization of their employees, which all U.S. employers must complete for every employee they hire).
  • E-Verify (an Internet-based system that compares information entered by an employer from an employee’s Form I-9 to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility).

Currently, only a small number of employers have been invited to participate in E-Verify+. Employers who have not received an invitation must continue to use the traditional I-9 and E-Verify methods for verifying employee eligibility.

Once a new hire accepts a job offer, employers using E-Verify+ will input the new employee’s information into the system. The employee will then receive a link by email to complete their digital Form I-9 and upload documents to confirm their identity and work eligibility. The system will then provide a result: “Employment Authorized” or “Tentative Nonconfirmation.” A Tentative Nonconfirmation means that the employee’s details do not match the records held by the Social Security Administration (SSA) or the Department of Homeland Security (DHS). If this happens, the system will notify the employee directly, so the employer does not need to intervene.

If the employee’s eligibility is confirmed, the employer must review the employee’s supporting documents either in person or via live video.

Participation in E-Verify+ is optional, although the incoming Administration has proposed making E-Verify mandatory.  For more on E-Verify see :https://www.forbes.com/sites/brianbushard/2023/05/09/what-is-e-verify-republicans-push-to-expand-controversial-program-limiting-undocumented-workers-despite-some-gop-pushback