E-Verify+

November 13, 2024

Employers already enrolled in E-Verify have begun to receive invitations to enroll is E-Verify+. Employers should learn about E-Verify+ to determine if their company wants to enroll. For now, enrolling E-Verify+ is optional, which some exceptions mentioned below.

What is E-Verify+?

· Under E-Verify (the original), there were 2 steps for employers enrolled in E-Verify to confirm employment authorization:

1. Complete Form I-9 for a new hire

2. Go to E-Verify to ensure that US government records reflect the same information provided on Form I-94

· E-Verify+ is a service of E-Verify that streamlines employment eligibility verification by combining these 2 steps.

· E-Verify+ is still in early stages (used to be called E-Verify NextGen), as being slowly being rolled out where certain employers have been invited to enroll.

· As of 10/9/24, approx. 1100 employers have enrolled (mostly small and mid-size companies) and 3200 cases have been processed (see AILA Doc. No. 24091305).

What are the Potential Risks and Benefits to Employers?

Potential benefits:

· Increased cybersecurity of personal data, particularly for small employers, who do not pay for software to house work authorization data (such as Workday).

· Reduce work burden on HR teams going back and forth with new hires about providing I-9 documents.

· Limit liability of employers directly requesting certain documents for I-9 verification, which is unlawful.

Potential risks:

· In the event of a cybersecurity breach, significant amounts of personal data could be breached.

· Government having a significant amount of personal information shared between agencies at a more streamlined level.

· Is not a substitute for a larger electronic system like Workday, Tracker, etc. For large employers, the electronic I-9 process is connected to onboarding technology, applicant tracking system, payroll provider.

· Currently, E-Verify+ does not have this feature as not being to employer agents.

How is E-Verify+ Different?

· Once verified in E-Verify+, an employees’ information can be accessed by future employers.

· E-Verify+ does not require employer to purchase software verifying I-9, though most medium to large employers will maintain HR software where they can securely save work authorization documents provided in the I-9 process.

· There is the possibility of a “mismatch” in the E-Verify+. For now, DHS will leave the burden on the new hire to resolve the discrepancy in the system before E-Verify confirms that the new hire is employment authorized. It should not “ping” the employer when a mismatch occurs.

· E-Verify+ is optional. Employers can continue to use E-Verify (the original) for now, except for federal contractors – FAR E-Verify and in 9 states – Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah, where mandatory.

If your company would like to discuss whether enrolling in E-Verify+ is the right move, please contact our firm.