Are all employers required to use E-Verify?
The question of whether all employers are required to use E-Verify, a federal employment verification system, is a common one among businesses across the United States. E-Verify is a web-based system that allows employers to confirm the eligibility of their employees to work in the United States. While it is not a mandatory requirement for all employers, certain businesses are legally bound to use this system to ensure compliance with immigration laws and regulations.
Understanding the Requirement
The use of E-Verify is primarily required for employers who are federal contractors or subcontractors. According to the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS), federal contractors and subcontractors with contracts valued at $150,000 or more are required to use E-Verify. This includes any contracts that involve federal financial assistance or federal property.
Additionally, certain states have their own E-Verify mandates. For example, Arizona, Mississippi, and South Carolina require all employers within their states to use E-Verify. These state laws further expand the scope of employers who must comply with the E-Verify system.
Exceptions and Alternatives
Despite the requirements for federal contractors and state-specific laws, there are exceptions to the E-Verify obligation. Employers who are exempt from using E-Verify include:
1. Employers with fewer than 10 employees.
2. Employers who only employ U.S. citizens and nonimmigrant aliens with work authorization.
3. Employers who are part of a federal contract that has been terminated or is not being renewed.
4. Employers who are federal grantees but not federal contractors.
For those employers who are not required to use E-Verify, there are alternative methods to verify the employment eligibility of their workers. These methods include:
1. I-9 forms: Employers can complete Form I-9, Employment Eligibility Verification, to confirm the identity and employment authorization of their employees.
2. Document review: Employers can review the required documents presented by employees to verify their eligibility to work in the United States.
Conclusion
In conclusion, while not all employers are required to use E-Verify, the system is mandatory for certain businesses, particularly federal contractors and subcontractors. Understanding the specific requirements and exceptions to the E-Verify system is crucial for employers to ensure compliance with federal and state immigration laws. By staying informed and up-to-date on the regulations, businesses can avoid potential fines and penalties for non-compliance.
