Comments on: E-Verify a source of bias complaints: Truth or myth?

By: MEG

MEG — Tue, 01 Sep 2009 14:42:36 +0000

We have been using E-Verify for two years. It is not a big issue. My concern is in the new ruling for Federal Contractors. We must now E-Verify current employees who are working on Federal Contracts issued on/after September 8. Does this include indirect labor and administrative employees also?

By: Cathy Ethridge

Cathy Ethridge — Mon, 31 Aug 2009 15:52:45 +0000

Yes, it confusing and implementation is right around the corner. I am interested in knowing the correct answers presented above.

By: Camille

Camille — Mon, 24 Aug 2009 23:35:03 +0000

I don’t agree. The rules for use are inconsistent.

2.1 The Rules of Use
#2 Form I-9 requirements remain the same except that all List B identity documents must bear a photograph.

#6 Employers may not request that the employee use certain documentation for Form I-9 or E-Verify purposes.

The Form I-9 contains only the list of acceptable documents, there is no “special” list of acceptable documents for E-Verify purposes. The rules remain inconsistent and confusing.

By: RandiG

RandiG — Mon, 24 Aug 2009 22:09:19 +0000

We use E-Verify for all new hires — seems the safest and easiest. Yes, we’ve lost a few new employees when they didn’t pass muster, but since we have never knowingly hired illegal workers, we’re fine with that.

By: mkh

mkh — Mon, 24 Aug 2009 20:33:10 +0000

Camille,

The user agreement and training associated with signing up for E-Verify explains the difference in rules regarding List B documents presented applies to E-Verify participants. If a new hire presents a List B without a photo, it is not an acceptable document, and the same procedures for any other unacceptable document would apply.

Key is the E-Verify participant list of acceptable documents is not the same as non-E-Verify participating employers, so the rules do no apply reciprocally.

By: Camille

Camille — Mon, 24 Aug 2009 18:20:25 +0000

This is GREAT information and very timely with just a few days before the federal contractors rule for E-Verify goes into affect.

There are actually several parts of the employment eligibility verification process that are conflicting such as the rule that an employer MUST NOT tell and employee which documents to present or risk discrimination charges HOWEVER the law also says that if an employer is using E-Verify the List B document MUST contain a photo. No one seems to have an answer for how to handle the situation if the employee chooses to not present a document with a photo. The law requires that if you use E-Verify for one employee you must use it for everyone so the employer must E-Verify the person but cannot ask for the document with a photo?