Workers may Check their Own Employment Eligibility Status
April 1, 2011
by Richard L. Connors
Stinson Morrison Hecker LLP
Copyright © 2011
The U.S. Department of Homeland Security (DHS) on March 21, 2011 announced the launch of E-Verify Self Check – "a voluntary, free, fast and secure service" that "allows individuals in the United States to check their own employment eligibility status before formally seeking employment."
Workers Can Correct Information Before Applying for Jobs – The new E-Verify Self Check "gives users the opportunity to submit corrections of any inaccuracies in their DHS and Social Security Administration (SSA) records before applying for jobs – allowing workers to better protect themselves from potential workplace discrimination that could result from an employer’s abuse of the E-Verify system."
E-Verify Self Check Process – "The E-Verify Self Check process consists of four steps: (1) users enter identifying information online (such as name, date of birth and address); (2) users confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service; (3) users enter work eligibility information such as a Social Security number and depending on citizenship status, an Alien Registration number; and (4) E-Verify Self-Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status."
Correcting Inaccuracies – If Self Check is unable to confirm employment authorization (e.g. due to typographical errors or unreported name changes), individuals are provided with instructions (in English or Spanish) on how to resolve a potential data mismatch in their SSA or DHS records before they seek employment.
Information Not Shared with Employers – "Information that users provide to E-Verify Self Check and the results of an E-Verify Self Check are not shared with users’ employers or prospective employers. The results of a Self-Check query do not replace the results of an employer E-Verify query."
Not for Employer Use – "E-Verify Self Check is not for employer use. Employers may not require workers to use Self Check or show Self Check results. Employers may not accept the results of a Self Check query as a document to fulfill the requirements of the Form I-9, Employment Eligibility Verification. E-Verify employers must continue to run an E-Verify query on each new hire (or existing employee, if applicable), even if the new hires have previously verified their employment status through Self-Check."
In Sum - Currently, "E-Verify Self-Check is available to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia, or the District of Columbia. In the coming months, DHS will continue to expand E-Verify Self Check service to additional eligible users on a rolling basis."
Richard L. Connors is an attorney with Stinson Morrison Hecker LLP, one of the country's largest law firms with more than 300 attorneys in more than 45-industry-focused areas. Mr. Connors represents management exclusively in employment and labor law.
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