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DOJ Provides Dos and Don’ts for Employers On E-Verify
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In order to provide guidance to employers regarding E-Verify, the Office of Special Counsel for Immigration-Related Unfair Employment Practices in Department of Justice (DOJ) has published a pamphlet containing “Dos and Don’ts.”

The pamphlet clearly says that employers should use E-Verify to verify employment eligibility of new hires and not for current employees. Further, employers may allow an employee who has not been issued a Social Security number to work throughout the period that the employee is waiting for his or her Social Security number (SSN) to be issued. There are other aspects that are illustrated in the pamphlets, readers and employers are advised to go through the same thoroughly to stay informed.

DO...

  • Use program to verify employment eligibility of new hires

  • Use program for all new employees regardless of national origin or citizenship status

  • Use program for new employees after they have completed the Form I-9

  • Promptly provide and review with the employee the notice of tentative non-confirmation

  • Promptly provide the referral notice from the Social Security Administration (SSA) or Department of Homeland Security (DHS) to the employee who chooses to contest a tentative non-confirmation

  • Allow an employee who is contesting a tentative non-confirmation to continue to work during that period

  • Check E-Verify daily for updates in connection with the tentative non-confirmation

  • Contact E-Verify if you believe an employee has received a final non-confirmation in error

  • Post required notices of the employer’s participation in E-Verify and the antidiscrimination notice issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)

  • Accept any Form I-9 List B document with a photo from an employee who chooses to provide a List B document

  • Secure the privacy of employees’ personal information and the password used for access to the program

  • Delay running an E-Verify query for an employee who has not yet been issued a Social Security number until the Social Security number is issued

  • Allow an employee who has not been issued a Social Security number to work throughout the period that the employee is waiting for his or her Social Security number to be issued

DON’T...

  • Use program to verify current employees

  • Use program selectively based on a “suspicion” that a new employee or current employee may not be authorized to work in the U.S. or based on national origin

  • Use program to pre-screen employment applicants unless you are a State Workforce Agency

  • Influence or coerce an employee’s decision whether to contest a tentative non-confirmation

  • Terminate or take adverse action against an employee who is contesting a tentative non-confirmation, including denying or reducing scheduled hours, delaying or preventing training, mistreating the employee, requiring the employee to work longer hours, requiring the employee to work in poorer conditions, or subjecting the employee to any assumption that s/he is unauthorized to work during this period, unless and until receiving a final non-confirmation or no show response

  • Ask an employee to obtain a printout or other written verification from SSA or DHS when referring that employee to either agency

  • Ask an employee to provide additional documentation of his or her employment eligibility after obtaining a tentative non-confirmation for that employee

  • Request specific documents in order to activate E-Verify’s photo tool feature

  • Run an E-Verify query for an employee who is waiting for his or her Social Security number to be issued until the employee is issued a Social Security number


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