Employment verification in the context of immigration law refers to the obligation of the employer to guarantee that all employees are properly documented and have permission to work in the United States. The I-9 paperwork, which confirms a noncitizen alien’s right to live in the country and be employed, is typically used to accomplish this.
Employers can also use the E-Verify system, which enables businesses to use computer database technology systems to verify and update employee information automatically.
What Steps Are Involved in the Employment Eligibility Verification Process?
The primary record employers must submit to the government to confirm an employee’s eligibility for employment is Form I-9. In most cases, employers must finish a Form I-9 within three days of employing a new employee.
The I-9 Form’s information is typically supported by other employment documents that the worker must furnish. Birth certificates, passports, and social security numbers are a few examples of such papers. These records will assist in proving that the foreign worker is authorized to work in the nation.
The proper employment or immigration agency will then receive the Form I-9 that the employer has completed. The information on the hard copy of the I-9 can be promptly cross-referenced with online electronic databases if the employer is using the E-Verify system.
It may indicate that an employee committed document fraud if the data on the form does not match the data stored in the computer database. Over the past ten years, immigration and employment authorities have enforced employment eligibility checks much more aggressively. However, the E-Verify technology has greatly accelerated and improved the procedure.
What Repercussions Result from a Failure to Confirm an Employee’s Immigration Status?
There may be severe legal repercussions if the immigration status of an employee is not confirmed. Among the sanctions for employing an unauthorized immigrant are:
- Criminal fines
- Charges in relation to intentional behavior (such as assisting in the deception of an immigration authority)
- For egregious cases of repeated offenses, possible jail time
- The employer’s business operation license being revoked or suspended
Do Employment Verification Violations Have Any Defenses?
Yes, an employer must generally act intentionally to be charged with a violation. That is to say; they must have purposefully neglected to check the employee’s paperwork and employment status.
Alternatively, they must have actively helped the employee fool immigration officials. For instance, the employer might be held accountable for a violation if they knew the employee did not have the required authorization to work in the United States.
On the other hand, the “good faith defense” will typically be admissible provided the employer took all necessary procedures to confirm the worker’s status. In other words, provided the employee made a good faith, reasonable effort to abide by the applicable hiring and employment rules, they can often mount a strong argument.
An illustration of a situation where the employee provided false information that a prudent employer would not be able to identify even after taking all necessary measures and steps.
What Does the Employers’ “Good Faith Defense” Entail?
You may be able to assert the good faith defense if you, as an employer, have been accused of breaking the law requiring the verification of an applicant’s eligibility. This argument states that if an employer made a reasonable, good faith effort to confirm the employee’s work eligibility status, they could not be held accountable for document fraud.
The employer is typically not compelled to conduct further investigation if the employee has submitted information on documents that, at first glance, appear to be valid.
However, if the employee offers information that is obviously untrue or submits a fake document, the employer should conduct a more thorough examination. If the information on Form I-9 does not match the information in an E-Verify database, the employer should also look into the matter further.
Therefore, the employer cannot be claimed to have acted in “good faith” during the hiring process if they become aware that an employment document is blatantly fake yet take no further action. However, if the documents look legitimate and the employer doesn’t look into it further, they are operating reasonably and may use the good faith argument if necessary.
What Is the Employer Immigration E-Verification System? How Does It Function?
Employers can use the free online tool E-Verify to determine whether their immigrant workers are authorized to work in the U.S. The Department of Homeland Security (“DHS”) launched the program in 1997, although it has subsequently undergone significant development.
The service is thought to be used by over 700,000 businesses nationwide, and roughly 1,400 new businesses join it weekly. Additionally, several states and employers require the use of the E-Verify service.
Once an employee is hired for pay, both the employer and the employee are required by law to submit a Form I-9. A case is made for the employee once the employer enters details from Form I-9 into the E-Verify database.
The E-Verify system will compare Form I-9 to the employee’s immigration data from other official documents, such as their Social Security Administration records, state-issued driver’s licenses, passports, and visas, as well as their U.S. passport and visa records.
Depending on whether the information fits, the computer will produce results, which might appear in as little as 3-5 seconds. The employee cannot begin work if the information is incorrect. Additionally, there are only eight federal working days for the employer and employee to remedy any inconsistencies or errors in the paperwork.
What Else Do I Need to Understand About the I-9 Form?
Employers utilize the Employment Eligibility Verification Form I-9, which is produced by U.S. Citizenship and Immigration Services, to confirm an employee’s right to work in the U.S. It is the duty of the employer to complete and maintain Form I-9, as well as to confirm the employee’s identification and work authorization.
A list of documentation that can be submitted with Form I-9 to confirm employment eligibility in the U.S. is included. These needed documents are used to verify identification and eligibility for employment. Form I-9 specifies three lists of papers that must be submitted.
Any one of the documents on “List A” is sufficient to prove your identification and your employment eligibility. Among these documents are a U.S. passport, a valid foreign passport bearing an I-551 stamp, a permanent resident card, a valid temporary resident card, an employment authorization card, and a valid employment authorization card issued by the Department of Homeland Security.
Recently, five documents were taken off of “List A,” making them invalid for proving eligibility and identification. These documents are the certificate of U.S. citizenship, the naturalization certificate, the receipt for the registration of aliens, the unexpired reentry permission, and the refugee travel document.
With these modifications, the form now complies with the 1996 Illegal Immigration Reform and Immigrant Responsibility Act’s standards for document minimization.
Do I Need an Attorney?
The overlap between immigration and job laws can frequently make hiring exceedingly difficult for firms. If you have any queries or worries about any of your employees’ employment eligibility, you might want to engage an immigration lawyer.
Your lawyer can ensure that you follow the law, safeguard your organization, and protect your business. Your lawyer can give you legal counsel if you need to appear in court for a hearing.
