E-Verify & Employment Screening
What is E-Verify?
Since 1986, the U.S. Government has attempted to limit immigration by curtailing who is able to work legally in the United States. The federal government first tried to enforce this by requiring all newly hired employees to complete an I-9 form and verify their identity and authorization to work. In 1996, the U.S. introduced a second step: E-Verify.
E-Verify is an online system used by the U.S. government to confirm employment eligibility. Although E-Verify is largely voluntary, it is required for federal employees and contractors, as well as by some state laws. Although E-Verify is not mandatory statewide in Oregon, some cities and counties require its use.
Why Immigration Experts Oppose E-Verify
Immigration experts and civil rights organizations like the ACLU have raised major concerns with the E-Verify system, noting that it creates a “new level of intrusive government oversight of daily life” and “forces everyone in the country to ask the government for permission to work.” Simply, E-Verify creates barriers to employment that negatively affects all businesses and workers—more than 85% of whom are U.S. citizens.
E-Verify’s issues don’t end there. The system itself is flawed, producing costly and time-consuming erroneous results that most often deny jobs to those who are actually authorized to work. Due to these issues, E-Verify also results in discriminatory business practices and new privacy and security threats for businesses and workers. Finally, E-Verify doesn’t even effectively limit immigration or the employment of undocumented workers. Instead, it simply drives these practices further underground and causes greater risks for all workers.
What to Do if Your Employer Asks You to Use E-Verify
If you have any concerns about your employer’s use of E-Verify because of your immigration status, contact ICS or another immigration attorney. ICS will advise you on your rights and help you navigate the process.
You may need to provide copies of your passport, visa, or other documents that confirm your employment eligibility. If eligible, ICS can help you apply for these documents or request replacements for lost documentation.
If you submit your information to E-Verify and receive a tentative non-confirmation, this means that the information submitted in your I-9 form does not match information on file with the U.S. Department of Homeland Security and/or the Social Security Administration. Your employer must inform you of this finding. You may contest the finding and submit additional documentation to the U.S. Government within 8 business days. During the contestation process, your employer may not take any negative actions against you—including employment termination, suspension, nonpayment, or a delayed start date.
If you believe your employer is misusing E-Verify or discriminating against you based on your immigration status, you may seek support from the Oregon Law Center at 1-800-672-4919.
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