Changes to E-Verify Proposed

The U.S. Citizenship and Immigration Services (USCIS) is planning to release an update to the E-Verify process to provide integration with completing Form I-9 and shift the process to new hires rather than human resources staff.

According to a recent SHRM article, E-Verify NextGen is the name for the new system being demonstrated to E-Verify agents such as Equifax Workforce Solutions. The updated process will require new hires to electronically enter personal information and acceptable documents into a personal account. Individuals would receive verification of eligibility status and resolve any issues directly with USCIS, eliminating the need for employers to resolve mismatches and other issues.

Employers will continue to examine employment eligibility documents and use the employee submitted information to create a Form I-9. Employers will also be required to download and maintain a record of eligibility during employment, perform reverifications manually, make corrections, and purge forms.

Additional details about the E-Verify NextGen can be found in Next Version of E-Verify Will Bring Big Changes on the SHRM website.

Required Use of E-Verify

All employers are required to verify the employment eligibility of new employees. Use of E-Verify is currently optional for school districts and education service centers. Colleges are required to register and participate in E-Verify for all newly hired employees.

Efforts to make use of E-Verify required have been proposed at the state and federal level. A bill was filed in the 88th Regular Session of the Texas Legislature and in previous sessions requiring political subdivisions to participate in the federal electronic verification system (E-Verify). The bills failed to pass, so enrollment is left up to each employer.

On the federal level, a proposed Senate bill would require all employers to use E-Verify. The bill proposes a phased expansion of E-Verify, requiring employers to begin using the electronic system within one year of enactment. A similar bill in 2021 failed to pass.

Resources

Employment Eligibility Verification in the HR Library (member login required) provides an overview of employer requirements for completing and handling Form I-9. Complete instructions are also available on the USCIS I-9 central webpage. Information and instructions for using E-Verify are also available online on the E-Verify website.