U.S. Citizenship and Immigration Services (USCIS) announced a trial launch of E-Verify+ on May 29, 2024. This trial will enable E-Verify to conduct testing and receive feedback to refine the E-Verify+ product before releasing it for wider use. E-Verify+ aims to speed up the eligibility confirmation process overall and lessen the burden on employers while enhancing information security for employees.
E-Verify, the online service administered by the Social Security Administration (SSA) and USCIS, allows employers to electronically confirm the employment eligibility of their employees. While largely voluntary, E-Verify is required for employers in some states and can be required for employers that are a party to certain government contracts. On the current system, employers create cases by transferring information from their employees’ I-9 forms onto the platform. E-Verify then compares the information to available Department of Homeland Security (DHS) and SSA records to either confirm the employee’s employment eligibility or alert the employer that further action must be taken. Typically, employers receive a response in seconds.
E-Verify+ will bring several updates, including three advanced features:
- Employees will be able to enter their own personal information and documents through a secure, employee-facing “myE-Verify” account. The shift of data entry from employers to employees aims to enhance the information security of employee data and reduce the possibility of data entry errors that could cause an identification mismatch.
- E-Verify+ will directly notify employees of their employment eligibility and status. In most cases, this will eliminate the need for employers to deliver Further Action Notices to employees in the event of an identification mismatch, as the new program would immediately notify employees of the next steps they need to take to verify eligibility.
- E-Verify+ will allow most employees who have been previously verified to transfer their verification status and quickly share their employment eligibility with any subsequent employer.
By taking out the employer as an informational intermediary, E-Verify+’s direct notification system aims to speed up the eligibility confirmation process overall and lessen the burden on employers.
When E-Verify+ fully launches, employers will be able to choose between the existing E-Verify system and E-Verify+ when creating new cases. E-Verify cases and E-Verify+ cases will be stored in the same area for employers to easily access and download.
Since it is not known how these changes will affect an employer’s liability for Form I-9 paperwork errors and DHS’ approach to enforcement, we caution employers to fully evaluate the potential impact of E-Verify+. It also will be important for employers to monitor how E-Verify+ will integrate with I-9 and E-Verify verification processes offered by third-party providers.
For assistance deciding whether to use E-Verify+ when it fully launches or help navigating other work authorization issues, please contact the authors or other members of the McGuireWoods labor and employment or immigration compliance teams.
Special thanks to summer associate Kiran Singh who contributed to the alert. She is not licensed to practice law.