E-Verify Program Going Strong Based on new USCIS Reports

USCIS has just released new Reports on the E- Verify Program that focused on the accuracy of the program, employer opinions, employer and employee experiences in Arizona after state legislative mandates went into effect, and E-Verify Employer Agent (EEAs). The overall results from each of the studies show that the E-Verify users have confidence in the system, find it straightforward to use and appreciate the amount of customer service they receive when using E-Verify.

E-Verify is an Internet-based, free program run by the Department of Homeland Security (DHS) in partnership with Social Security Administration that compares information from an employee’s Employment Eligibility Verification Form I-9 to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there is a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date.

The studies, performed over a period of three years, analyzed what types of cases are most likely to have inaccurate findings. The overall goal of the reports is to ensure that going forward employers who are using the system receive the most accurate information on work-authorized individuals applying for employment.

Report I: Evaluation of the Accuracy of E-Verify Findings

This report analyzes the accuracy of the E-Verify Program including the Final Nonconfirmation (FNC) accuracy rate. The FNC accuracy rate is the estimated percentage of workers receiving FNCs who are, in fact, unauthorized to work in the United States.

The Report presents that E-Verify generate accurate results and that accuracy rates have improved over the period of last few years. The study also provides recommendations on how USCIS can continue to improve on the accuracy of E-Verify.

One of the key findings indicates that the top four problems leading to FNCs issued to employment-authorized workers are as follows:

1. Inability to confirm citizenship status of a worker attesting to being a U.S. citizen on the Form I-9 (35%)

2. SSA name mismatch (33%)

3. Inability to locate workers’ Form I-94 number (7%)

4. USCIS name mismatch (5%)

USCIS took the following actions:

  • USCIS has developed a feature in E-Verify that will allow for direct email notifications of TNC (Tentative Nonconfirmation) and other information to workers. The newly updated Form I-9 includes an optional field for the worker to provide an email address and if that field is collected and entered into E-Verify, then the worker will be able to receive a TNC notification electronically. Providing an email address is strictly voluntary and employers are still required to notify employees when there is a mismatch of information and a TNC is received.
  • Launch of Self Check (2011): Self Check allows workers to verify their own work authorization through E-Verify. This service provides employees with their own work authorization status information and can help reduce TNCs for employers because an employee can resolve any Self Check mismatches before he or she applies for a job.
  • Addition of Driver’s License data (2011). This new E-Verify enhancement includes a driver’s license check capability to verify the authenticity of a state driver’s license or ID card. The states of Mississippi and Florida are currently participating in this program.

Report II: Findings of the E-Verify User Survey Report

The report presents the results of a nationally representative survey of E-Verify users that collected data on employer opinions and experiences with using E-Verify. Survey responses were received from 83% (or 2,928) of the eligible employers surveyed and showed relatively high user satisfaction with the program.

The majority of employers surveyed (68%) reported that they were motivated to use E-Verify in order to improve their ability to verify work authorization.

Report III: Findings of the Case Study of E-Verify Employer Agents and Their Clients

The primary goal of the case study was to explore the relationship between E-Verify Employer Agents (EEAs), their clients, and the E-Verify Program.

The Report shows the substantial growth in the number of EEAs and increased usage of the Program by EEAs. Clients primarily chose to use EEAs because they lacked sufficient time or staff to administer E-Verify themselves but according to the study almost all clients were satisfied with their EEA’s E-Verify services and planned to continue using EEA services.

Conclusion

Based on the results of the Reports USCIS confirms that the E-Verify program is a powerful, efficient, and accurate tool for employers to confirm that their employees are work-authorized.  USCIS assures that is constantly improving the E-Verify Program and we will continue monitoring this topic and provide any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

By | Last Updated: May 20th, 2017| Categories: Compliance, E-Verify, Employers|

About the Author: Alexandra Michailov, Esq.

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Aleksandra has more than decade of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. She represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.