Crimcheck.com and E-Verify will work with you to instantly determine a candidate’s legal right to work in the United States.
Crimcheck.com has partnered with industry leaders to offer a program that manages your employee I-9 forms. This system will allow you to electronically verify an individual’s name, date of birth and social security number, along with immigration information for non-citizens, against Federal databases in order to verify identity and employment eligibility of both citizen and non-citizen new hires.
Per E-Verify rules, candidates must be run post-hire within three (3) days of hire through the E-Verify system.
Crimcheck.com will help you manage questionable cases to a conclusive ending.
- 24/7 Accessibility: Conveniently process from anywhere at anytime with the E-Verify module.
- Ensure Compliance: Verifies the data at the Social Security Administration (SSA) and Department of Homeland Security (DHS).
- Reduce Errors: The electronic program will prompt to correct any data omission, data entry errors and exclusion of signature or date.
- Increase Tracking Efficiencies: Electronic system creates an easy environment to track expiration dates and generate reminder notifications for documentation renewal.
- Get Running Fast: Most clients are able to get up and running in less than 1 day!
The I-9 form, or Employment Eligibility Verification, is a form for U.S. Citizenship and Immigration Services (USCIS) document used by an employer to verify an employee’s identity and employment eligibility in the United States. The federal government supplies this form so that employers can complete at the time of hire. The employee must also provide documentation which verifies their identity and legal authorization to accept employment in the U.S. Every employee must complete the I-9 at the time of hire. As of October 2004, the I-9 form can be completed electronically.
Employers must keep their current employee’s I-9 forms. They also must retain them for three years after hire date or one year after employment end date.
U.S. citizens I-9 forms are always valid unless a break in employment occurs for more than a year.
Please note, the I-9 form is not required for contractors or volunteers, however, if a company (company A) contracts work to another company (Company B) and Company B knowingly employs unauthorized workers, Company A could be liable.
Revised and Updated I-9 Forms
On March 8, 2013 U.S. Citizenship and Immigration Services updated their electronic I-9 Forms. Employers should begin using this updated form immediately; however they can still use the former I-9 Form for up to 60 days, until May 7, 2013. Employers do not need to complete the revised form for employees who had completed the old form, as long as it was properly completed the first time around and is still on file with the employer.
USCIS updated the I-9 Form to reduce errors and there are several key revisions including:
- Additional data fields
- Clearer and more detailed completion instructions for both the employer and the employee
- Altered the lay out of the I-9 Form, including the expansion to two pages that must be filled out by the employer and employee
The revised and updated I-9 Form is available as a related download.
Employee must complete Section 1 of the I-9 form at the time of hire. The employer must complete Section 2 of the I-9 form within three days of the employee beginning work.
Documentation: The employee must provide documentation which verifies their identity and eligibility for employment in the U.S. The employee can provide one document (from List A) which verifies both identity and employment eligibility, or two different document; one which verified identity (from List B) and one which verifies employment eligibility (from List C). Those documents can be:
List A: One document which verifies both identity and employment eligibility:
- Unexpired U.S. Passport or Passport Card
- Unexpired Foreign Passport with an I-551 stamp or with the I-94 form attached which indicated an unexpired employment authorization
- A Permanent Resident Card (Green Card) or Alien Registration Receipt Card with photograph
- Unexpired Temporary Resident Card
- Unexpired Employment Authorization Card
- Unexpired Employment Authorization Document issued by the Department of Homeland Security that includes a photograph
List B: One document which verifies identity:
- Driver’s License or I.D. Card (must contain photograph or identifying information such as name, address, birthday, gender, height and eye color.)
- Federal or State I.D. Card (must contain photograph or identifying information)
- School I.D. with photograph
- U.S. Armed Services identification card or Draft record
- Voter Registration Card
- U.S. Coast Guard Merchant Mariner Card
- Native American Tribal document
- Driver’s License issued by a Canadian government authority
- For individuals under the age of 18, the following documents can also be provided:
- School Record or Report Card
- Clinic, Doctor or Hospital Record
- Day-Care of Nursery School Record
List C: One document which verifies employment eligibility:
- U.S. Social Security Card issued by the Social Security Administration
- Birth Certificate issued by the U.S. State Department
- Certificate of U.S. Citizenship
- Certificate of Naturalization
- Native American Tribal Document
- U.S. Citizen I.D. Card
- I.D. Card for the use of a Residential Citizen in the U.S.
- Unexpired Employment Authorization Card issued by the Department of Homeland Security
Please note, employees who supply a document from List B must also supply a document from List C.
I-9 Non-Compliance Penalties
If an employer or employee choose to disobey I-9 compliance, there are penalties set forth by the Immigration Reform and Control Act of 1986 (IRCA). Federal law provides imprisonment and fines for the use of false documentation or false statements and for employers who hires unauthorized workers. The fine for an employer can be between $250 and $5,500 per worker, and the may also be banned from any federal government contracts for up to a year. The employee may also be criminally prosecuted under immigration laws if they knowingly accept this fraudulent documentation.
If an employer fails to keep I-9 forms for the mandated time, they can be fined $110 per missing item. The employer can still be penalized even if the employee is legally authorized to work in the U.S.
For the employee, if they knowingly commit or participate in documentation fraud, they can be fines between $375 and $3,200 per document for the first offense. For the second and any subsequent offenses, the fine per document is between $3,200 and $6,500.
Along with the I-9 Form, the Immigration Reform and Control Act also included anti-discrimination provisions which mandates that a person who is legally allowed to work in the U.S. cannot be discriminated against on national origin or citizenship status in both hiring and termination. Also included is the provision which requires the standardized compliance of I-9 enforcement, meaning every employee must complete the I-9 before employment starts, no matter the circumstance. These provisions are enforced by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).
Types of Discrimination:
Citizenship or Immigration Status Discrimination – Employers may not treat employees differently due to the fact that they are or are not U.S. citizens or work authorized individuals. This includes citizens, recent permanent residents, temporary residents and refugees.
National Origin Discrimination – Employers may not treat employees differently because of their birth place, country of origin, ancestry, native language or accent. This can turn into an issue with the Equal Employment Opportunity Commission.
Unfair Documentary Practices – When verifying employment eligibility, an employer may not request more than the necessary documents from the employee. The employer may also not deny reasonably genuine looking documents or request additional documents for the purpose of discrimination.
Retaliation – Any individual may not be discriminated against because they have filed charges with the OSC, cooperated with an OSC investigation, contested any unfair documentary actions or discrimination based on their national origin or other anti-discrimination provisions which are protected.
E-Verify is an internet based program which compares an employee’s employment eligibility Verification form (I-9) against data with the U.S. government. The E-Verify program is managed by the Department of Homeland Security and the Social Security Administration.
The E-Verify program is important because it has been reported that 5% of E-Verify inquiries are identified as “not authorized to work” and the results of the program are 99.5% accurate.
According to the Department of Homeland Security, more than 353,000 use E-Verify for hiring.
The program was launched in 1997 titled the Basic Pilot Program which was started to prevent illegal aliens from getting jobs in the U.S. Since the electronic storage of I-9 Forms, E-Verify was able to come about.
By law, every employer must complete the I-9 Form for all employees and although the I-9 Form and E-Verify are closely linked, E-verify is not necessary for employers to use.
When an employee is hired, the employer and employee must complete the I-9 Form. Within three days of the employee starting work, the employer enters the information on the I-9 into E-Verify. E-Verify then compares the entered information against government records for a result.
If an employee’s information matches, they are authorized and eligible to work in the U.S. If the information does not match, the employer is alerted. The employee then has eight business days to resolve any mismatched information. The employee is allowed to continue to work while they are resolving the problem.
In 2007, E-Verify began working with the federal immigration authorities to include biometric data, including photographs, to improve searches.
Please note, if required, E-Verify must be ran within 3 days of the employee’s start date.
Who Needs E-Verify?
Unlike I-9 forms, there is no federal law mandating the use of E-Verify for employees, however there are certain groups that must use it.
All federal government agencies must use E-Verify. Furthermore, all employers with federal contracts or subcontracts must also use E-Verify to verify not only the employment eligibility of their employees who directly work under those federal contracts but also for every new hire, whether or not they will be directly working with the federal contracts or subcontracts.
Additionally, several states have laws which either require or prohibit the use of E-Verify. Those are:
States that require all businesses to use E-Verify to determine employment eligibility:
- North Carolina
- South Carolina
States that require public employers and public contractors to use E-Verify:
States that require only public contractors to use E-Verify:
States that encourage the use of E-Verify but allow for alternative means of verification of employment eligibility:
Individual State Laws:
- Idaho – requires only public employers to use E-Verify
- Florida – requires only agencies that work under direction of the governor
- Utah* – An E-Verify mandate is conditional on the state’s effort to create a state-level guest worker program.
States which limit or discourage the use of E-Verify:
- Rhode Island
For additional information, check out the links below:
Terms to Know
Citizen: An individual can be a citizen based on one or more of these factors: both parents are citizens, an individual was born in that country, an individuals marries a citizen or naturalization.
Department of Homeland Security: Cabinet department of the U.S. government which protects Americans from terrorist attacks, man-made accidents and natural disasters.
Employment Eligibility Verification: Another name for the I-9 Form
Naturalization: Citizenship which is granted to an immigrant after they have resided in that country for a certain number of years.