What is E-Verify?
E-Verify is a simple to use Web-based system that electronically verifies the employment eligibility of newly hired employees. It was created as a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program.
As a participating E-Verify company, we will electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against more than 425 million records in SSA’s database and more than 60 million records in DHS immigration databases. Results are returned in seconds.
On June 6, 2008, the President issued Executive Order 13465 “Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System,” providing that “Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the federal contract.” The Federal Acquisition Regulation (FAR) was therefore amended to require federal contractors to use E-Verify, which is the system designated to implement the Executive Order.
The proposed FAR rule would require federal contractors to use E-Verify for both new hires and existing employees who work on a new federal contract. Does the federal government use E-Verify (or otherwise verify work authorization) for both new hires and existing employees?
Yes. Federal agencies verify employment eligibility of new and existing employees. In most instances, the federal government goes well beyond an E-Verify check to confirm work eligibility as part of a variety of suitability and other background checks that are required to be performed on federal employees. These background checks may include, but are not limited to:
- FBI fingerprint and name check;
- Checks against local law enforcement databases;
- Written inquiries to educational institutions, previous employers, and neighbors;
- Credit check;
- Checks to verify name, SSN, date of birth, and citizenship; and
- Checks against other federal and private data sources.
For all new hires, federal agencies are required to use E-Verify to verify their employment eligibility. Additionally, many new hires also subsequently undergo background investigations and an FBI fingerprint and name check.
For both new and existing employees, federal agencies are required by Homeland Security Presidential Directive – 12, “Policy for a Common Identification Standard for Federal Employees and Contractors” to follow certain credentialing standards prior to issuing personal identity verification cards. These standards include conducting a background investigation which includes verification of name, DOB, and SSN (among other data points) against federal and private data sources. This includes a check against Social Security Administration (SSA) records to validate social security numbers. Additionally, these standards require verification of work authorization for non-U.S. citizens against federal immigration databases.
Please contact us for more information.