I-9 and E-Verify

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Periodic internal I-9 audits are considered an employer “best practice” by Immigration and Customs Enforcement (ICE). Before conducting an internal I-9 audit, however, employers need to understand how to address a range of issues likely to be identified.

In a Technical Assistance Letter (dated October 23, 2015), the Office of Special Counsel for Immigration-Related Unfair…

Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created…

With the upcoming potential lapse in funding of the Department of Homeland Security, employers may encounter worksite compliance issues because the E-Verify program may be unavailable at the end of the day on February 27th. Should this happen, employers will not be able to create E-Verify cases to determine the eligibility of their employees to…

The Department of Justice is investigating and fining employers who require specific documentation from employees during the I-9 employment eligibility verification process.  DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) often relies on statistics showing a large proportion of employees presenting specific documentation during the I-9 process to determine whether to…

AUTHOR:  Davis C. Bae.

E-Verify is a free online program for employers to verify Form I-9 data through government databases.  Tentative Nonconfirmations (TNCs) are messages issued by E-Verify when information from an employee’s Form I-9 does not match data from U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. E-Verify will alert…

The CATO Institute, a public policy research organization, has released results from a series of Freedom-of-Information-Act (FOIA) responses from the Verification Division of US Citizenship and Immigration Services (USCIS) (the agency responsible for managing the E-Verify program) showing that as many as one-third of the TNC (tentative non-confirmation) responses from E-Verify could take at least…

E-Verify had experienced a serious technical glitch on October 22, 2013, and the online system used to verify workers’ identity and employment authorization erroneously gave employers Tentative Nonconfirmations for all employees who provided U.S. Passports or U.S. Passport Cards. For some employers, that meant a nearly 40-percent TNC rate.

U.S. Citizenship and Immigration Services has

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As furloughed workers returned to their government posts on October 17, following the end of the government shutdown, access to the Department of Homeland Security’s E-Verify database also resumed.  Although users were reporting slower-than-usual performance, all features and services are operational and available to registered users.  The E-Verify home page offers guidance for working through…

The failure of Congress to agree on a new budget for the Fiscal Year (beginning October 1) is resulting in a furlough of more than 800,000 federal workers and government agencies temporarily closing or cutting back the operations of numerous federal facilities and the suspension of many services. This is the first government shutdown in…