E-Verify Employer Dos & Don’ts

William W. Bowser and Molly DiBianca (that’s me!) presented to the Delaware Contractors’ Association’s HR Committee today.  We spoke about the Employers’ Free Choice Act, the RESPECT Act, the Delaware Construction Industry Independent Contractors’ Act, E-Verify, and the recent FMLA amendment, the National Defense Authorization Act.  As promised, I’ll post a link to the slides and the handouts for members of the DCA and anyone else who may be interested to view and download. 


Thanks to all of the attendees for participating.  The Human Resources Group, not surprisingly, was attentive, insightful and inquisitive with lots of great questions and comments.  Of the various topics discussed, though, it was clear that E-Verify was the show-stealer.  This, I think, is especially interesting, given that none of the participants are covered by the President’s recent executive order, which made use of the E-Verify program mandatory for federal contractors.  The reaction tells me that the construction industry is either (1) looking forward to utilizing the electronic verification system; (2) dreading it as a worst-case scenario; or (3) are curious about just what E-Verify really is and how they might potentially be affected. 


So, in follow-up, here are some helpful “Dos” and “Don’ts” for using E-Verify, published by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”):




Use program to verify employment of all new hires regardless of national origin or citizenship Use program selectively based on a “suspicion” that new employee or current employee may not be authorized to work in the U.S. or based on national origin.
Use program for new employees after they have completed the I-9 form Use program to pre-screen employment applicants
Provide employee with notice of tentative nonconfirmation promptly Influence or coerce an employee’s decision whether to contest a tentative nonconfirmation
Provide employee who chooses to contest a tentative nonconfirmation promptly with a referral notice to SSA or DHS Terminate or take adverse action against an employee who is contesting a tentative nonconfirmation unless and until receiving a final nonconfirmation
Allow an employee who is contesting a tentative nonconfirmation to continue to work during that period As an employee to obtain a printout or other written verification from SSA or DHS when referring that employee to either agency
Post required notices of the employer’s participation E-Verify and the antidiscrimination notice issued by OSC Ask an employee to provide additional documentation of his or her employment eligibility after obtaining a tentative nonconfirmation for that employee
Secure the privacy of employees’ personal information and the password used for access to the program Request specific documents in order to use E-Verify’s photo tool feature.

*available at usdoj.gov/crt/osc

And don’t forget to check back tomorrow for the PowerPoint slides and handouts.

Prior Related Posts about E-Verify: 

Attention Government Contractors!! You Are Being Ordered to Use E-Verify!

GAO Says Universal Mandatory E-Verify Will Be A Challenge

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