E-Verify and Form I-9

E-Verify, an internet-based system, helps employers accurately and quickly compare the information that a newly hired employee provides on the I-9 Form, regarding his or her Employment Eligibility Verification. This information is compared against millions of government records and generally provides results in three to five seconds. If the information matches, that employee is eligible to work in the United States. If there is however, a mismatch, E-Verify will alert the employer and the employee generally will be allowed to work while he or she resolves the problem.

E-Verify and Form I-9 work together by comparing an employee’s entered information to:

• Approximately 455 million Social Security Administration (SSA) records
• Approximately 80 million U.S. Department of Homeland Security records

U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens, or foreign citizens who have the necessary authorization. This diverse workforce contributes greatly to the vibrancy and strength of our economy, but that attribute also attracts unauthorized employment in the U.S.

In November of 2013, the U.S. Citizenship and Immigration Services (USCIS) implemented a change to the E-Verify program that utilizes a tool intended to deter fraudulent use of Social Security numbers for employment eligibility verification. This tool allows the E-Verify system to “lock” Social Security numbers that appear to have been misused, in a method comparable to that of credit card companies.

Before this security upgrade was enacted, the identifying information supplied by an employee may likely have passed through the Social Security Administration’s database and resulted in an authorized status in E-Verify, providing the employee authorization to work in the U.S. During that period, employers would not have been made aware of concerns like identity theft or fraudulent usage of such documents. The USCIS has indicated it will utilize a formula entailing “algorithms, detection reports and analysis” in order to identify patterns of fraudulent Social Security Number use and then, consequently, lock those numbers within the E-Verify database.

If an employee attempts to use a locked SSN, E-Verify will generate a Tentative Non-Confirmation (TNC). The employee receiving the TNC communication will have the opportunity to contest the finding by visiting a local Social Security Administration field office, in a manner similar to a credit report finding may be disputed. At that point, the employee’s status will be updated to “Employment Authorized.”

For more information, contact GTM at (518) 373-4111.