How Does E-Verify Supplement the Form I-9 Process for Private Businesses? What You Need to Know

Every company hiring workers in the United States faces an obligation to verify the employment eligibility of each individual they choose to hire by completing the Form I-9 process. The U.S. government periodically conducts inspections (sometimes also referred to as audits) of companies for compliance with Form I-9 requirements, and failing these inspections can attract costly fines. Many employers want to simplify the employment eligibility verification process, and solutions do exist—but there can be some confusion, especially around the role of E-Verify. The federal E-Verify system, an electronic tool for supporting employment eligibility confirmation, is an additional layer that employers may (or in some cases must) add to their employment verification program. It is not, however, a replacement for the Form I-9 process.

To set up a process that works well for your business, understanding the facts about E-Verify, including what it is and who can or must use it, is key. Not everyone has to use E-Verify, but some states are making it a requirement for private businesses. At the same time, HR teams and employers must understand that E-Verify supplements the traditional Form I-9 process—it is not a replacement.

E-Verify is a valuable tool that may help to ensure that your company conducts due diligence as thoroughly as possible. Take a closer look at this system and the facts surrounding it as you consider whether your business should apply to use E-Verify.

What is E-Verify?

E-Verify is an electronic system supporting companies in their employment eligibility verification efforts. Authorized in 1996 by the Illegal Immigration Reform and Immigrant Responsibility Act (also known as the IIRIRA) and implemented in 1997, E-Verify was originally the “Basic Pilot” program. A decade later, in 2007, it received the name “E-Verify” and added several new features that are still available in its current form. The United States Citizenship and Immigration Services (USCIS) administers the program in concert with the Social Security Administration (SSA).

Today, E-Verify uses digital systems to compare the information an employer enters from an employee’s Form I-9 against millions of government records. While not a 100% guarantee of employment eligibility confirmation, the E-Verify system improves and increases confidence in your employment eligibility verification practices while providing important records of your due diligence in the event of a future state or federal audit.

Businesses who wish to use E-Verify must enroll with the E-Verify system and complete several onboarding steps before using these services. However, there is no cost to companies for using E-Verify. Employers of all sizes are eligible to use E-Verify.

Do private employers need to use E-Verify?

For private employers, E-Verify participation is generally voluntary—at least from the perspective of federal law. At a state level, the story is different. A growing number of states have imposed requirements on some or all employers, mandating their use of E-Verify. In some states, private employers of certain sizes are required to use E-Verify. In other states, only public employers or employers with state contracts must use the system. And in some states, all employers must use E-Verify. Employers are encouraged to consult with legal counsel to ensure they are aware of and comply with all laws and regulations that apply to their business.

Private employers may still voluntarily enroll their business in E-Verify even if there are no laws or regulations applicable to them that mandate E-Verify participation. Since every business must complete a Form I-9 for all employees working in the US, companies may wish to tap into the additional verification services that the government provides. That leads to an important question: Is E-Verify a substitute or a replacement for the Form I-9 process?

Does E-Verify replace the I-9 form process?

No. E-Verify does not replace or satisfy the requirement to collect and complete a Form I-9 properly, and you can’t afford to overlook this reality. You must still complete Form I-9 and inspect the associated documents that new hires provide, and you should maintain good records that you can provide in the event of an inspection.

E-Verify is a supplemental resource, not an outright replacement for the Form I-9 process. This arrangement often creates another question for private employers: What’s the point?

If it’s not a replacement, why use E-Verify at all?

Many companies want to ensure that their hiring workflows are uncomplicated. Why should you add another step if you don’t have to? The reality is that there are many potential benefits to using E-Verify, even for companies that don’t have to use E-Verify by law. Voluntarily enrolling lets your company access a reliable, free resource. With results often returned within seconds, the turnaround time is practically instant, and the service is free for registered employers to use.

E-Verify supports your efforts to hire only those with authorization to work in the U.S. in your U.S. based roles. E-Verify also has a photo match option that, when triggered, allows an employer to compare the photo on the document the employee provided with the photo that appears in E-Verify, helping confirm that the document the individual presented matches what appears in available government records. Many businesses report strong satisfaction with their participation in E-Verify.

Perhaps most importantly, using E-Verify demonstrates your commitment to ensuring thorough employment verification processes. Although the system does not replace Form I-9, its use in combination with Form I-9 can help show that you made every possible effort to verify an individual’s employment eligibility.

Should your business adopt E-Verify?

For many organizations, using E-Verify may offer more benefits than drawbacks. It can help demonstrate

due diligence, provide greater confidence during hiring, and it’s free and easy to use. There’s no choice here for some organizations—things like government contracts, status as a public employer, or the state(s) an employer operates in may cause it to be required. But even for those who aren’t required to use it, E-Verify may be a tool worth exploring.

Only you can decide what’s best for your business. However, with more states requiring E-Verify for all private employers, now may be the best time to get ahead of the curve. Investigating how to enroll could prove beneficial.

Prepare for Employment Eligibility Compliance

Properly understood and correctly deployed within your business, E-Verify can be a very valuable tool. Review your US employment eligibility verification processes today and explore whether E-Verify enrollment could be the right move for your business.