Many people think the “E-Verify” program is a brand new idea, but in fact employers have been required for decades to verify the right of immigrants to work for them in the United States. E-Verify simply represents a contemporary approach to the question. E-Verify was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
That legislation requires federal agencies and most federal contractors to utilize E-Verify. Sixteen states currently require employers to use E-Verify, but the immigration reforms now being considered by Congress would make E-Verify mandatory for employers in every state. That means whether you are an employer or an immigrant seeking employment, now is the time to gain a basic comprehension of what E-Verify requires.
E-Verify lets employers verify a job candidate’s authorization to work in the U.S. When a job offer is made, the jobseeker must complete an I-9 Employment Eligibility Verification form. The employer then enters information from the I-9 into the E-Verify system. In seconds, the information is checked with Social Security and Homeland Security records, and the job candidate is either “authorized” or “tentatively non-confirmed.”
If tentatively non-confirmed, the candidate may contest the result if he or she chooses. (Otherwise, the offer of employment must be withdrawn.) The new employee cannot be fired based on tentative non-confirmation while a case is being contested. When the case is resolved, the employee will either be “authorized” or “permanently non-confirmed.” If permanent non-confirmation is the result, the employee must be terminated.
Working with an Immigration Attorney
If you are legally in the United States and qualified for employment, but you have received a non-confirmation from E-Verify, consult an experienced immigration attorney as soon as possible to properly resolve the issue.
In fact, if you are an immigrant dealing with any kind of legal issue, including employment, seek the counsel of a good immigration lawyer immediately. An experienced immigration attorney will advise you regarding your rights and options, will answer your questions, and will work to resolve quickly whatever legal difficulties you face.
Shihab Burke, LLC, Attorneys At Law Can Help
If you are an immigrant with any questions or concerns regarding your status, visa, green card application, or any other legal matter, speak at once to an experienced Columbus immigration attorney. A good immigration lawyer can help you and your family with any immigration issue you face and defend you if you’re accused of violating immigration law.
Our immigration attorneys will review your forms and applications for thoroughness and accuracy. Immigration laws will continually change, but an experienced immigration attorney will always be able to give you the most up-to-date legal advice you need.
Contact us today!