Page 35 - PCCAJournal4thQuarter2011

Basic HTML Version

PCCA Journal|4
th
Quarter 2011
35
Human Resources
A
ll federal government
jobs as well as those
in states, cities, and
counties across the
country require the
use of E-Verify, a free online applica-
tion that validates a worker’s eligibility
for employment by checking informa-
tion against federal databases. For most
civilian employers, the use of E-Verify
is voluntary, but mandatory use of
the internet-based program run by the
Department of Homeland Security is
becoming more and more widespread for
companies of all sizes.
In every state, when an employee
is hired, he or she must complete and
submit an I-9, an “Employment Eligi-
bility Verification” form that requires
the employee to prove that he or she
is eligible to work in the United States.
E-Verify compares the information on
the employee’s I-9 form to the informa-
tion in DHS databases. For employers,
reconciling I-9 data with Homeland Se-
curity increases peace of mind because
it effectively affirms that their new hires
aren’t illegal aliens.
“According to E-Verify, more than
238,000 employers are enrolled in
the program with more than 16 mil-
lion queries run in 2010,” Global HR
Research CEO Brandon Phillips said.
“Most employers aren’t required to use
E-Verify, but they do it because it helps
them authenticate a potential employer’s
eligibility. Some employers must use the
site before they even offer employment.”
In addition to government hires, all
employers with federal contracts must
use DHS’s program to confirm the citi-
zenship of their employees. The United
States Citizenship and Immigration Ser-
vices (USCIS) website adds that certain
federal prime contractors require their
subcontractors to use E-Verify in various
instances, such as when:
The subcontract has a value of more
than $3,000 or
The subcontract is for commercial or
noncommercial services or construc-
tion
Some States Require E-Verify
Some states, including Arizona, Geor-
gia, and Mississippi, mandate use of
E-Verify by law. In Arizona, an employer
that doesn’t use E-Verify could lose its
business license for ten days on the first
offense. And on the second offense, the
license would be permanently revoked.
The Supreme Court recently upheld a
district court’s ruling on whether Ari-
zona’s law violated the federal limits on
state authority. The ruling affirmed that
Arizona’s mandatory participation and
harsh penalties for noncompliance do
not conflict with federal law. Beginning
January 1, 2012, Georgia’s version of the
Arizona law regarding E-Verify goes into
effect, requiring mandatory E-Verify us-
age first for large companies (those with
more than 500 employees) but eventu-
ally for every company with as few as 11
employees by July 1, 2013.
Many employers use E-Verify whether
they are required to or not. But many
others are critical of the site, calling it
an invasion of privacy or even unlaw-
ful. Using E-Verify can, in fact, pose
some unpleasant side effects, such as an
increased likelihood of a DHS investiga-
tion. Traditionally an employee’s I-9
information was kept on file and only
turned over to Homeland Security when
an inconsistency was discovered. With
E-Verify, however, DHS has that informa-
tion from the start and can act on it right
away.
“Part of the reason this program has
received so much criticism is that E-Veri-
fy has malfunctioned in the past, adding
fuel to the fire of those who oppose it,”
Phillips said.
Global HR Research is widely regarded
as an expert resource in the field of
employment privacy and online hu-
man resource management. “We always
encourage our clients to talk to us about
how federal and state legislation affects
their employment practices and how we
can help them understand and abide by
all current compliance issues,” Phillips
said.
For more information on E-Verify and
up-to-date guidance on employment
eligibility and citizenship, visit www.
globalhrresearch.com or browse the USCIS
website at www.uscis.gov.
E-Verify Now the National Standard for
Employment Eligibility Authentication
Article provided by Global HR Research.