How to Comply with E-Verify Employee Background Checks

employee background checksI normally don’t write 3 articles on one subject within a few months.  However, I received 5 phone calls or emails yesterday on E-Verify.  So let’s see if we can clear up some of the gray areas on E-Verify employee background checks. Why Does E-Verify Exist?

Very simple.  U.S. law requires that companies only employ people who have a legal right to work in the U.S. which means U.S. citizens or foreign citizens with authorization.  This is nothing new, however, advances in software and technology were making it very difficult to review sources documents and determine authenticity and work eligibility.

E-Verify is a Specific Federal Program. 

E-Verify is not a generic term but a very specific federal program that is an “electronic verification of work authorization program of Illegal Immigration Reform and Immigration Responsibility Act of 1996".

We have fielded many, many questions from Indiana schools related to E-Verify compliance.  Several schools provided a form that new employees must sign.  Now, I am not an attorney, but the Indiana statute (IC 22-5-1.7-3) clearly defines this federal program as an “electronic verification” so I cannot see any scenario where you can comply with the law by having your new employees sign a document.  This pinky-promise approach (yes, I have young girls) is specifically what E-Verify solves.

Are Indiana Public Schools Required to Use E-Verify?

Yes.  Indiana public schools are defined as a political subdivision (IC 36-1-2-13).

Can I use E-Verify on Interns, Volunteers, Students or Contractors?

E-Verify can only be used for an employee working for pay in the U.S.  If you have paid internships then you would need to check with your legal counsel to determine if they qualify as a paid employee.  The new Indiana law requires contractors to use E-Verify and:

  1. Sign a sworn affidavit confirming they have enrolled in E-Verify;
  2. Provide documentation to state agency or political subdivision that they have enrolled and are participating in E-Verify; and
  3. Sign an affidavit that they do not knowingly employ an unauthorized alien.

How is E-Verify Different from a Criminal Background Check?

The main difference between your pre-employment background checks and E-Verify is that E-Verify is a post-hire check.  Process should work like this:

  1. Conditional offer of employment
  2. Employee background check
  3. Hire new employee
  4. Form I9 & E-Verify

Does E-Verify Replace Form I9?

No.  E-Verify does not replace but is a companion to Form I-9.  You are still required to complete Form I9 and store in paper, electronic or microfilm format.

How Do I Enroll?

Safe Hiring Solutions has created an integration with E-Verify to make the process simple, quick and convenient.  We will handle the registration process and once we receive your unique Client ID Code, we upload that to your account.

Here is a link to more information:  http://www.safehiringsolutions.com/e-verify

Do you have any questions about E-Verify?  Need assistance with launching your E-Verify employee background checks program?  If so, contact Dixie Doub Dixie.Doub@safehiringsolutions.com or DJ Weidner DJ.Weidner@safehiringsolutions.com or 888-215-8296.