Employment Eligibility Verification is the Department of Homeland Security (DHS) description for assuring that an employer only hires those individuals with the right to work in the United States. Keep in mind, the right to work is not dependent, per se, on an individual’s citizenship, immigration status, or ethnicity. Employees may be eligible if they have documentation proving their right to work, which is where Form I-9 comes in.
Form I-9 is the primary document filed with DHS to prove that your employee is eligible. It incorporates both a component of identity validation, and right to work validation. It is similar to filling out a tax form, in some ways. It requires you to physically see and copy the supporting documents (chosen from a list) for the employee’s verification of eligibility.
E-Verify is an electronic way of using those provided documents to instantly verify that an employee is indeed eligible to work in the US. You may or may not be required to use E-Verify, depending on if you have Federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. That said, the government encourages use of E-Verify, so you know that you’re hiring a legal worker. It’s good to get going, because as of February 2018 a budget proposal from the President suggests it may be required as of October 2018. While that proposal doesn’t seem to be gaining traction now, that could change at any time.
While E-Verify is not mandated, if you do choose to use E-Verify, there are requirements you must follow. For example:
Employers must post the E-Verify “Notice of Participation” and the Department of Justice “Right to Work” posters in English and Spanish
Employers must use E-Verify only after the employee has accepted an offer of employment and completed Form I-9