Bolingbrook employers are obligated under federal law to verify that their employees have the authority to work legally in the U.S. Verification procedures must be completed even if all employees are U.S. citizens.
Employers who shirk their responsibilities or who lack the organization to provide evidentiary documentation when requested may be subject to significant penalties. Employees also have obligations to fulfill as part of the process for verifying employee authorization status in Bolingbrook. Employees who are unable to meet verification standards risk losing their jobs. Equally, if an employer fails to verify a worker’s status, that employer could find itself in legal trouble. To prevent such an occurrence, reach out to an experienced employment attorney.
The E-Verify System
The Department of Homeland Security (DHS), which is tasked with enforcing immigration laws, recommends use of the E-Verify system to confirm that workers are eligible for employment in the U.S. The system electronically matches information employees provide on their I-9 forms with records on file with the Social Security Administration and DHS.
While use of the E-Verify system is voluntary for most employers, those with certain federal contracts are required to use E-Verify as the process for verifying employment authorization status in Bolingbrook. Response provided through the system can verify an employee’s eligibility in a few seconds. However, sometimes the results indicate that additional information is necessary to complete the verification process.
Verifying Employment Authorization
Whether an employer uses E-Verify or a traditional method, the process of verifying an employee’s authority to work in Bolingbrook starts with the I-9 Form. The employee completes the first part of the form and then presents documentation to prove their identity and eligibility to work legally in the U.S. For instance, the worker may provide a driver’s license to establish identity and a Social Security card or birth certificate to establish employment authorization.
The employer examines the documents provided and records information about these documents on the employer section of the I-9 form. Employers are required to keep these forms on file and to produce them for examination if requested by U.S. Immigration and Customs Enforcement (ICE).
The E-Verify system compares the photo on the employee’s documentation with photos already on record to ensure the authenticity of the documents. Employers who do not use E-Verify are obligated to examine documents to ascertain that they appear reasonably genuine.
Case Results from the E-Verify System
While employers in Bolingbrook certainly hope to receive a message verifying an employee’s authorization status when they enter information into the E-Verify systems, they may obtain other results as well. Messages that could indicate a need for further action include:
- Verification in Progress – the case has been referred to DHS for additional verification
- Case in Continuance – the employee has contacted agencies, but the case remains pending
- Close Case and Resubmit – the process needs to be restarted, possibly due to the entry of incorrect information
- Tentative Nonconfirmation – the employee’s information did not match information on file
- Final Nonconfirmation – after contact with the employee, the system still cannot verify employment authorization
When an employer receives a tentative nonconfirmation, the employer should notify the worker so he or she can contact DHS or SSA.
Help with the Process for Verifying Employee Authorization Status in Bolingbrook
With the increasing emphasis on enforcement of immigration laws, it is critical for employers to ensure that they are complying with I-9 requirements and properly verifying the employment authorization of each employee. Many companies find it beneficial to consult an immigration lawyer to establish I-9 compliance procedures and periodically review authorization evidence.
The E-Verify system can provide a sense of security in the process for verifying employee authorization status in Bolingbrook. However, sometimes the system’s results raise more questions than they answer. When an employee’s status is in doubt, it may be helpful to have the case reviewed by an experienced attorney.