Know your rights when dealing with E-Verify

E-Verify is an internet-based system developed by USCIS to electronically verify employment eligibility of newly hired employees. It does this by checking the authenticity of documents used with the I-9 process.
On September 8, 2009, the E-Verify system became mandatory for all federal contractors and subcontractors. In Pennsylvania it is mandatory for all state agencies, and in some states it is mandatory for all employers. The number of private employers who choose to use E-Verify is currently small, but quickly growing.
Although there are some benefits to using E-Verfiy, perhaps the largest problem is with false non-confirmations of eligibility that can occur when there are errors in either Social Security or Homeland Security databases, or when employers incorrectly type employees names or numbers.
For this reason, it is important that both employers and employees are aware of proper procedures put in place to safeguard workers rights.
Employers who use E-Verify should:
  • Use the program to verify the eligibility of all new hires, not just those who appear foriegn.
  • Use the system after employees have filled out the I-9, not to pre-screen employment applicants.
  • Provide employees with notice of Tentative Non-Confirmations (TNC) promptly.
  • Inform employees of their right to contest Tentative Non-Confirmations (TNC), and provide them with instructions about how to do so, including a written notice generated by E-Verify.
  • Allow employees to continue working while they are contesting the TNC.

Employers should not fire, suspend, or delay the first day of employment, or withold pay for a worker who chooses to contest the Tentative Non-Confirmation. They may only take such action if and when they receive Final Non-Confirmation.

If a worker, who knows she is legally entitled to work, recieves a Tentative Non-Confirmation, she should immediately tell the employer that she wishes to contest the Non-Confirmation. She will then be given a printout which indicates whether the discrepency is with Social Security or with the Department of Homeland Security(DHS).
Discrepencies with SSA should be addressed promptly by going to the Social Security office. If the discrepency is with DHS, the printout will provide a telephone number that the worker can use to address the issue.
The USCIS Website has a publication listing employee rights regarding E-Verify, which has been translated into Chinese, Creole, French, Korean, Russian, Spanish, Tagalog, and Vietnamese. To access these translations, Click Here and scroll to the bottom of the webpage.


1 comment:

  1. We are on the verge of a major breakthrough with the illegal immigration deterrent program E-Verify. Washington has extended E-Verify to the end of October, but that is not enough for the 10 million plus jobless American workers. The stamp of approval of E-Verify has been recognized by the hundreds of thousands, or perchance millions of citizens and legal employees whose innumerable numbers have been disenfranchised by illegal alien labor. An apparel firm was raided by ICE and 1800 workers who are illegal have been fired, unless they can be positively accepted as having the right legal status? Unbelievable! Now without further adieu, we must lambaste the politicians until they make E-Verify permanent? It should be placed on the peak list of interior enforcement tools, and everybody who gets a pay check should be verified as part of the legal workforce.

    A huge number of suspected open border players, thought the courts would kill it as unconstitutional, or at least delay it? An amendment was presented by Sen. David Vitter that prevents any further delays in the implementation of the Social Security Administration’s No-Match-letter program. An amendment was also offered by Sen. Jeff Sessions that requires a permanent re-authorization of the application. The usual culprits tried to table the Sen. Sessions E-Verify amendment, but the motion failed and eventually passed. We have dubious decision makers in DC, who are not looking-out for the man/women in the street? This became very blatantly obvious in the stimulus bill, when no language omitted illegal workers from gaining at least 300.000 jobs in construction and other industries. The 247 G law is another successful police program, to identify illegal immigrants on the streets of our communities and highways. This law could be on the chopping block, as well as the ICE raids on pariah businesses.

    Both California and Nevada's lawmakers have a high percentage of illegal alien populace, so they are indebted not to enforce immigration laws. We as voters must transfer our frustration and anger to those who represent us at 202-224-3121. A continuous barrage of irate voters has upset the politician’s applecart in their offices, demanding change? You will only discover the true patriotic American politicians by going to and examining their immigration grades at NUMBERSUSA, JUDICIAL WATCH & for OVERPOPULATION statistics CAPSWEB. If we hesitate about these issues, all is lost, and the anti-sovereignty groups will take away our jobs, freedoms. If you really want to view the absolute appalling state our roads, bridges, dams and drinking water structure, watch "The Crumbling of America." The History channel has been illuminating the complete and utter indifference, while we financially support the world, wars and illegal immigrants.

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