December 21, 2004

On-line Employment Eligibility Verification: Expansion of Basic Pilot Program

The USCIS currently operates a Basic Pilot Program, permitting employers to get automated confirmation of a newly hired employee’s work authorization after an Employment Eligibility Verification form (Form I-9) has been completed. As of this month, this program has been expanded to all 50 states and is available via web-based access to employers, who volunteer to participate.

All employers must still properly complete an I-9 form with all new hires. It is important to note that participation in this program does not provide employers with immunity from potential I-9 related responsibilities, penalties or liabilities. The idea behind this program is simply to provide a non-discriminatory, electronic, work eligibility verification procedure. Employers who volunteer to participate in the Basic Pilot Program, first complete an I-9 form. Employers then submit the I-9 data into a web-based system to access the Social Security Administration (SSA) for prompt on-line confirmation or non-confirmation of employment authorization. If insufficient information is available, queries are sent to the USCIS for confirmation, and the employer is asked to have the employer contact the SSA or USCIS.

We recommend that employers interested in this program, first consult their immigration counsel regarding obligations associated with the required Memorandum of Understanding (MOU) to be entered into with the USCIS and the SSA. A sample of the MOU and registration instructions are available here. We also recommend that you review our information regarding I-9 Employment Eligibility Verification procedures to ensure compliance with existing requirements. These procedures may be found here within the Human Resources section of our website.