Compares the Pro’s and Con’s of the E-Verify Program and Why Employers Should Remain Compliant as Employment Screening Requirements Change

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E-Verify is now mandated in some US States requiring employers to run an E-Verify background check on all newly hired employees to verify whether or not they are eligible for legal employment in the USA. Other States have made the use of E-Verify voluntary while the rest of the States have varying requirements. There have been errors made by E-Verify and some projections assess that by mandating E-Verify it could cost the nation’s employers billions of dollars but it can also assist with reducing illegal immigration and employment. The debate continues…

Criminal Background Records

Criminal Background Records

E-Verify can be a low-cost solution to maintain hiring compliance with Federal regulations, specifically those that apply to legal work status.

On September 27, 2012 the Department of Justice announced that it had reached a settlement with a Diversified Maintenance Systems LLC, a Tampa, Florida based janitorial and facilities maintenance company, over allegations that "the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it failed to fully reinstate an employee in retaliation for asserting her right to work in the U.S."

This situation arrives as the political season comes to a close with the Presidential elections wherein immigration has been an important part of the conversation. E-Verify has a place in both the Republican and Democratic dialogue and may prove an integral part of immigration reform.

The DOJ release further states:

The charging party alleged that the company failed to provide the employee with proper notice and instructions for contesting an initial data mismatch in E-Verify, resulting in E-Verify issuing an erroneous final response that she was not work authorized. E-Verify is an Internet-based system run by the U.S. Citizenship and Immigration Services (USCIS) that confirms employment eligibility by comparing information from an employee’s Form I-9.

In Columbia, South Carolina (reported 10/25/2012, businesses have been cited recently for their hiring policies:
... first seven employers in South Carolina to be cited for violating the state's newest tweaks to its immigration law, which requires all new employees, other than farm laborers, ministers and domestic servants, to be verified through the federal database.|head
E-Verify is a program designed to compare information from an employee's I-9 to information held in Federal databases, specifically those of the Department of Homeland Security and the Social Security Administration.

States where E-Verify is mandatory in most cases includes:

  •     Arizona
  •     Utah
  •     Louisiana
  •     Mississippi
  •     Tennessee
  •     Alabama
  •     Georgia
  •     South Carolina
  •     North Carolina

States where E-Verify is legislated as voluntary includes:

  •     California
  •     Illinois
  •     Rhode Island

Most of the remaining States in the Union have varying requirements in regards to E-Verify.

Ultimately, E-Verify is another of the challenging issues that face employers with their hiring practices. Some view E-Verify has a costly and burdensome process that will further detract from growing the economy.

The Main Street Alliance said that if E-Verify had been mandated in 2010, it would have cost the nation’s employers $2.7 billion. (

The design of E-Verify is to confirm information provided by an employee to their employer via I-9 documentation. According to Adam Almeida, CEO and President of, "E-Verify can be a low-cost solution to maintain hiring compliance with Federal regulations, specifically those that apply to legal work status."

In the end both Presidential candidates had varying views on the use of E-Verify, but that there are views being expressed about E-Verify shows that it is a topic of significant conversation.

As E-Verify continues to be a part of the hiring process, either as a mandatory component or voluntary, companies should turn to third party background screening providers that are knowledgeable of the most current E-Verify requirements. Understanding E-Verify and where it is specifically required greatly assists business and helps avoid penalty and fines. The cost of working with a third-party background screening provider is relatively insignificant compared to the potential penalty cost. can provide assistance in understanding the laws involving E-Verify. They can provide information specific to a given state and assist in maintaining compliance within Federal hiring laws. Understanding E-Verify is but one component of a rapidly changing background screening process. New laws, regulations, and guidelines change the complexity of pre-employment background screening and businesses should rely on a third-party background screening company such as to assist them.

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