We clarify all your doubts about whether it is mandatory to use the programa e-verify and Tennessee. In recent years, there have been changes to the state's Legal Employment Law, which has raised doubts among employers.
In this opportunity Hispanic Entrepreneurs answers some of the most frequently asked questions on this topic.
What is the E-Verify program?
It is a online system that the federal government It is available to companies operating in the United States to verify the eligibility of foreign employees.
In other words, when a company is going to hire a new employee, it uses the program to check if it is authorized to work legally in the country.
For Employment Eligibility Verification, the company uses the information from Form I-9. After entering the data into the system, it compares it to millions of government records before giving a response.
What records does the employee information compare to?
The program uses records from the Social Security Administration and the Department of Homeland Security (SSA and DHS). This way you can check if the person is authorized to work in the United States.
What does it take to enroll in the system?
Using the system is free. Companies that are going to verify the employability of their workers must enroll in the E-Verify program. To do so, they must register with the Immigration and Citizenship Service (USCIS).
The process to follow depends on the type of company, so it is important to follow the instructions on the website. The system will request the Employer Identification Number (ENI).
How does the E-Verify program work?
The company obtains the information of the possible employee through Form I-9. Then you must access the system and enter the details of the person you want to search for. The steps to follow to carry out the process are the following:
- The employer create a case in e-verify for the possible employee with the information obtained in the form.
- Wait for the result. It will take only a few seconds for the system to compare the information and deliver a response.
- After obtaining the result, the employer must close the case.
The system uses the information entered by the worker to compare it with the SSA and DHS records. It also does a photographic verification when the person presents a Permanent Resident Card, Employment Authorization Document, a passport or US passport card. The image is compared to the photo that was used to create the case to confirm that it is the same person.
There are cases in which the system will request extra actions from the employer.
How long does the employer have to verify the worker's eligibility?
The company must complete the verification process within the first three business days after the person begins work. It does not apply to employees with whom they have a long-standing employment relationship.
Who should use the system?
As an Hispanic entrepreneur you should know if you are required to use E-Verify. First of all, you should know that it is mandatory for companies to work together with the government. That is, if you have a federal contract you have to verify the information of the workers. Also, if you have a subcontract with the E-Verify clause of the Federal Acquisition Regulation.
In the rest of the cases it will depend on the activity carried out by the company and the state laws. There are states where it is mandatory to do so to obtain a business license.
Is the E-Verify program mandatory in Tennessee?
Pursuant to the Tennessee Legal Employment Law (TLEA), all companies with more than 50 employees must use the E-Verify system.
Those with between 6 and 49 employees have the option of using the system for workers hired after January 1, 2017 or requesting and maintaining any of the identity or eligibility documents established by the TLEA. These include a driver's license, birth or citizenship certificate, etc.
In the case of companies with less than 5 employees, they are not obliged to use E-Verify.
What happens if the company does not comply with what the law establishes?
Businesses that do not verify employee eligibility in Tennessee will face a penalty, as established in the TLEA. These include $ 500 for not signing up for the system. There is also a $ 500 penalty for the first violation of the law, which can increase if the company commits a new offense.
For more information on this, check the website of the Tennessee Department of Labor.
What answers can the system offer?
The system can give the following results to each case:
- Authorized for Employment: when the data match the records.
- Verification in Process: means that DHS will do additional verification.
- Tentative No Confirmation: when the data does not match the records. In that case, additional action will be requested.
- Postponed Case: More time is required to respond to the case.
- Close Case and Forward: can occur when the information is incorrect. The employer must close the case and open a new one for that worker.
- No Final Confirmation: The employee's eligibility could not be confirmed.
Every entrepreneur should know if using the E-Verify program in Tennessee is mandatory. If you have questions during the process, it is recommended that you consult with a migration attorney.
