Remote I-9 Verification: A New Option for Employers (and it’s free)
Introduction and Context
What is the I-9 Form?
The I-9 form is a document that verifies the identity and employment authorization of individuals hired for employment in the United States. When an employee starts a new job at a new company, they must show their employer their identification and employment eligibility to work in the United States. In the past, this form has been required to be completed in person so the employer is confident that are receiving valid documentation.
Remote I-9 verification was recently approved for E-Verify users in good standing by the U.S. Citizenship and Immigration Services (USCIS). This is good news for employers who have grown accustomed to the flexibility of remote document review during the COVID-19 pandemic.
E-Verify is a free government program that allows employers to verify the employment eligibility of new hires electronically, rather than in person. It is a valuable tool for employers who want to protect themselves from hiring unauthorized workers and who want to make the onboarding process smoother for their new employees.
How does E-Verify Work?
The program works by comparing the information provided by an employer, you, on a new hire's Form I-9 to government records. The information that is compared includes the new hire's name, date of birth, Social Security number, and employment authorization document information.
If the information matches, E-Verify will send you a confirmation that the new hire is authorized to work in the United States at your company. This is great news! It means that you can be confident that you are hiring someone who is legally allowed to work in the country. If the information does not match, the program will send you a tentative non-confirmation (TNC). A TNC does not mean that the new hire is unauthorized to work, but it does mean that you will need to investigate further.
If your business is considering voluntary use of E-Verify, here are some pros and cons to consider before jumping in:
Pros: How E-Verify Can Save You Time, Money, and Headaches
Remote verification of I-9 forms
This is the biggest advantage of E-Verify. It allows you to verify the employment eligibility of new hires remotely. This is especially helpful if you are hiring remote employees or individuals who live far away.
Potential for growth
E-Verify can help you grow your business by making it easier to hire employees from anywhere in the country. Without the program, you would have to either have new hires come to you in-person to have their documents verified, or you would have to use an authorized representative to do it for you. Both of these options can be time-consuming and expensive.
Decreased risk
E-Verify can help you decrease your risk of hiring an undocumented worker.
The administrative costs associated with implementing E-Verify are likely lower (much lower) than potential penalties for Form I-9 non-compliance. This is especially true if you find your company having to rely on Authorized Representatives to complete Section 2 of your remote new hire’s Form I-9.
USCIS does provide just under 10 pages of instructions on how to fill out the form, but if your Authorized Representative makes an error, your organization is still liable. With over 1,500 rules, the Form I-9 can be abundant with opportunities for expensive technical errors, and is best completed by someone who is familiar with it.
Cons: 3 Things to Consider Before Using E-Verify
Timing
If you’ve gathered all the info you need (based on the Enrollment Checklist), your company’s online enrollment should only take a few minutes; however, it could take anywhere between 15 minutes and 3 weeks to receive a login from USCIS.
Once you sign up and agree to participate in E-Verify, your company is obligated to use E-Verify within three days for each new hire you make, for as long as your company is enrolled.
You’ll either need to align new hires to the days your HR rep is in the office, or make sure you train multiple employees on the E-Verify system. Each employee who’ll access the E-Verify system must study for and pass a 31-question mastery test before they’ll receive their permanent login credentials (which they’ll need to verify new hires).
Administrative expense
Although the program is free, there are administrative expenses to be aware of. There is a significant amount of documentation your company will need to review - between the Memorandum of Understanding (MOU) and the E-Verify User Manual, there are over 100 pages of required reading before you can access the system itself. Even the E-Verify Quick Reference Guide for Employers is over a dozen pages, so make sure your team has time set aside to read, review, and understand what you’re signing up for.
Access issues
E-Verify is not available when the U.S. government is shut down. When things open back up, there’s usually a short period you can submit data for employees hired during the shutdown.
Like all websites, the E-Verify system has had technical or maintenance issues in the past - there’s guidance from USCIS on what to do in these cases, but it can be frustrating for your users if they’re not able to access the system in a timely manner.
Consider Your Circumstances and Goals
Before you decide whether to voluntarily implement E-Verify, you need to consider your business's unique circumstances and goals. If you are expanding remotely, E-Verify can be a great way to make the onboarding process smoother for your new employees; however, if your growth is more centralized, E-Verify may not be as important.
Ultimately, the decision of whether or not to implement E-Verify is up to you; but, by understanding the pros and cons, you can make an informed decision that is best for your business.
Additional elements about E-Verify to keep in mind:
If you are a federal contractor or subcontractor, you may be required to use E-Verify.
Some states also require private employers to use E-Verify. If you plan to bid for government contractors or hire staff in Alabama, Arizona, Georgia, Florida, Mississippi, North Carolina, South Carolina, Tennessee, or Utah, you’ll need to use E-Verify.
You must keep records of all E-Verify transactions.
You can access E-Verify from any computer with an internet connection.
Steps on How to Use E-Verify:
So, you're ready to use E-Verify to verify the employment eligibility of your new hires? Great! Here's how it works:
Create an account on the E-Verify website. You can do this by going to https://www.e-verify.gov/ and clicking on the "Create an Account" button.
Provide your company's information. This includes your company name, address, and taxpayer identification number (TIN).
Designate a company representative. This is the person who will be responsible for using E-Verify.
Enter the information from the new hire's Form I-9 into E-Verify. This includes the new hire's name, date of birth, Social Security number, and employment authorization document information.
E-Verify will compare the information to government records and return a confirmation or a TNC.
As mentioned before, a confirmation means that the new hire is authorized to work in the United States at your company. A TNC means that there is a mismatch between the information you provided and the information in government records. If a TNC is returned, you'll need to investigate the matter further, but, remember - it doesn’t necessarily mean your new hire isn’t authorized to work!
