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Changes to E-Verify verification system expected

For many employers in the Miami area, complying with requirements created by the Department of Homeland Security surrounding hiring is very important. The failure to properly comply with these regulations and laws could result in consequences for the business. Investigations into these matters are generally handled by the Immigration and Customs Enforcement agency.

As a part of ensuring individuals meet the requirements to work in the United States, when hired, workers must complete an employment eligibility verification form, also known as an I-9. In conjunction with these forms, many employers rely upon the E-Verify electronic employment eligibility verification system to make sure that employees hired are authorized to work in the United States. Though the use of this system is currently voluntary, it is expected that it will soon be a requirement throughout the nation.

The anticipated change could have an impact on work-authorized individuals. A switch to the E-Verify system could highlight differences in the information provided as compared to government records. The discrepancies are referred to as tentative nonconfirmations, or TNCs. Once a worker is informed of a TNC, actions can be taken to try to correct the problem. When the issue is not addressed, a final nonconfirmation, or FNC, may be issued. This indicates that the person is not authorized to work in the U.S.

Recently, it was announced that information regarding TNC could be sent directly to employees via email rather than their employer. This is expected to result in fewer FNCs since workers will actually aware of discrepancies. In the past the information was provided only to employers who sometimes did not pass it along to workers. The change will make it possible for the worker and the employer to work together to get the matter resolved. Depending on the situation, to do this, it may be beneficial to consult an attorney who handles immigration matters.

Source: Bloomberg BNA, “Immigration Roundup: E-Verify Changes on the Horizon,” Laura D. Francis, Sept. 4, 2013