The purpose of the E-Verify Program is to identify and prevent unauthorized workers from gaining employment in the U.S. While E-Verify is current a voluntary program for employers to use, it may become mandatory as part of a larger immigration reform movement.
In order to use this program, employers use an Internet-based application to check with the Department of Homeland Security (DHS) and verify that prospective employees are legally eligible to work. The federal government already utilizes the program, as do some states as part of state government hiring procedures.
One of the most common mistakes with E-Verify is incorrect data. If using E-Verify incorrectly designates a person as ineligible to work, he or she may lose out on employment opportunities. This is the case because if a employee receives notice of ineligibility to work, then he or she only has eight working days within which to contact the federal government and try to sort out the problem. If he or she fails to meet this deadline, then DHS issues a final non-confirmation notice and the employer must fire the employee.
Unfortunately, these errors are not unusual. As recently as federal fiscal year 2012, U.S. Citizenship and Immigration Services (USCIS) reported that about one in every 400 verifications was erroneous and later reversed after an appeal by the worker. Plus, those numbers include only those workers who took steps to contest the notices of ineligibility. It is estimated that about one percent of applicants, or 1.3 million people, did not contest the E-Verify findings.
Furthermore, correcting these errors often takes a great deal of time and money. Individuals must navigate the huge bureaucracies of the Social Security Administration and/or DHS in an attempt to have even simple errors resolved, such as typographical errors.
At Peek & Toland, we care about helping you obtain the visa that you need, based on your situation. We will focus our efforts on advocating on your behalf and representing your interests throughout the immigration process. Our knowledgeable immigration lawyers know the best strategies for gathering documentation to support your goals. Allow us to handle your immigration law case by sitting down with us today and discussing your situation.