E-Verify

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.

E-Verify Background Check Integration

describe the imageWe have successfully integrated with the U.S. Government’s E-Verify system.  Many states are requiring the use of E-Verify to ensure an employee has a legal right to work in the U.S. The integration makes complying with E-Verify a snap.  Or actually a click.

E-Verify is a post-hire search meaning it is completed after the criminal background check and after you hire an employee.   Once a criminal background check is completed you will notice an EVP button on the applicant’s report.  One click and the data is sent to E-Verify and returned.

Here is the process to get started:

  • Step One:  Must complete an E-Verify Client Registration Form  We submit this form to receive a unique Client ID code.  This normally takes about 24hrs.
  • Step Two:  We upload the client ID code to your account and E-Verity is now available.

You have two options:

  • E-verify only; or
  • E-filing of Form I9.

Take a look at how this works:

 

Contact Dixie Doub  Dixie.doub@safehiringsolutions or DJ Weidner  dj.weidner@safehiringsolutions.com  to get information on pricing.

Indiana Background Checks: Government Employers, Contractors Must Use E-Verify

indiana background checksSay what?  Another requirement for Indiana background checks? Indiana Senate Enrolled Act 590 ( IC 22-5-1.7) is effective July 1, 2011 and requires the following to participate in E-Verify:

  • All state agencies
  • Employers who have “public contracts for services”
    • With a state agency; or
    • Receive grants exceeding $1000 from a state agency

This applies to all employees hired AFTER June 30, 2011 or grants entered into or renewed after June 30, 2011.

Step 1 is to determine if this applies to you.  Pretty straightforward if you are a state employer or a state contractor.  What about Indiana school corporations?

IASBO has declared that the law DOES apply to Indiana School Corporations as they are designated as “political subdivisions” under IC 36-1-2-13.

Step 2 is to understand what E-Verify means.  To put it simply E-Verify is a federal program that determines an employee’s legal right to work in the U.S.

Step 3 is understanding the penalties for non-compliance:

  • State can sue employers who do not use E-Verify to recover unemployment insurance benefits paid to workers on or after 07/01/2011 if the employer knew the employee was not eligible to work in the U.S.
  • Will not enter into or renew contracts with signed affidavit declaring participating in E-Verify.
  • Employers are allowed 30 days to remedy the violation.
  • After 30 days, a violation will result in termination of contract and possible damages (if assigning contract leads to higher costs).

Step 4 is compliance.   The federal government site is very time consuming and labor intensive.

So, Safe Hiring Solutions has created an integration that allows employers to file I-9’s electronically and conduct an E-Verify search.  Contact us today for more information on E-Verify and Indiana background checks.