Last Minute Updates to the E-Verify System

The United States Citizenship and Immigration Services (USCIS) announced a series of enhancements to the E-Verify system, intended to improve the accuracy of the system’s automatic confirmation process. The E-Verify system has been plagued by errors and often returns what is known as a “tentative non-confirmation,” meaning that the system cannot verify that an employee is authorized to work in the U.S., when in fact many employees are authorized to work.

Correcting the database is a time consuming task for the affected employee. Although employers are prohibited from firing an employee while such status is tentative, many employers unknowingly (or sometimes intentionally) violate the law by terminating an employee when they still possess the legal right to work. The E-Verify system now includes naturalization data to address the fact that naturalized citizens whose records have not yet been updated with the Social Security Administration (SSA) comprise the largest category of work-authorized persons initially facing tentative non-confirmations when processed through E-Verify. A naturalized citizen who receives an SSA mismatch may resolve the issue by calling USCIS, or visiting a field office in person.

An additional enhancement will incorporate real-time arrival data from the Integrated Border Inspection System (IBIS), which is expected to reduce the number of immigration status-related mismatches for newly arriving workers. Finally, USCIS initiated citizenship status records information sharing with SSA in an effort to enhance E-Verify’s accuracy rate.

The E-Verify system has been plagued with issues, including the lack of biometric identifiers that can withstand identity theft. Currently, the phototool software is not limited enough to combat identity theft issues, and results in employers hiring employees who pass through the E-Verify system, but in fact, are undocumented workers. In order for the E-Verify system to be successful, the underlying databases must be updated and maintained. This includes funding the SSA’s efforts to update, correct, and maintain its own databases.

Currently, the E-Verify program is due to be reauthorized by Congress. Congressional leaders are considering varied options for funding and/or replacing the program entirely. GT attorneys are participating in the USCIS working groups, which are attempting to transform and improve the E-verify system by providing much-needed practical experience and insight from the stakeholders’ perspective. It is extremely important that employers take the time to contact their congressional representatives about the importance of the reauthorization and the inclusion of improvements to the program.

For more information, please refer to the GT “E-Verify Corner,” at: http://www2.gtlaw.com/practices/immigration/compliance/eVerify.htm.

Copyright © 2001-2008 Greenberg Traurig All Rights Reserved.