On November 2, 2016, the U.S. Department of Justice increased monetary penalties substantially for employers who knowingly employ an unauthorized worker. Under the Immigration Reform and Control Act of 1986 (IRCA), it is unlawful for an employer to hire or continue to employ a person knowing that the person is not authorized to work in the United States. This law requires that employers verify employment eligibility of all employees by completing a Form I-9. Failure to comply with these rules subjects employers to substantial penalties.
E-verify, the program operated by the Department of Homeland Security (DHS) in partnership with the Social Security, has become a popular tool by employers to comply with immigration laws and avoid civil monetary penalties. According to the DHS website, more than 600,000 employers now use E-Verify, and over 1,400 companies enroll in the program every week. Certain employers, such as the federal government, federal contractors, and employers who wish to hire must by law use E-verify. Although participation in E-Verify is voluntary for most employers, it can be extremely useful for all employers.
The E-Verify process begins after an employee is hired to work for pay, and has a completed Form I-9, Employment Eligibility Verification. The next step is for the employer to create a case in E-Verify using the information from the Form I-9. An E-Verify case must be created no later than the third business day after the employee starts work for pay. To enroll in E-Verify, you must provide your company’s basic contact information and agree to follow the rules of the program. After enrolling, you must sign a memorandum of understanding that provides the terms of agreement between your company and the Department of Homeland Security. There is also an interactive Quiz to assure that the terms of agreement are understood.
The Grady Firm P.C helps employers to easily navigate this process by:
- Signing up their business with e-verify.
- Enrolling Human Resources Department employees in the program and helping them become familiar with the platform.
- Facilitating assistance and training materials.
- Providing a concise tutorial outlining everything needed to start using E-verify.
Overwhelmed with these changes? Need assistance in navigating the maze of Employment law? Contact The Grady Firm for assistance with E-Verify set-up, or for counseling and training on how to become compliant with state and federal laws.
In addition, The Grady Firm’s attorney assist with drafting/updating Employee Handbooks, hiring/firing, and sexual harassment and leadership training.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.