Friday, May 1, 2015

Employment Law for Texas Employers: Welcome to eVerify!

This blog has previously discussed the employer’s duty to avoid “illegal workers” by verifying that its employees are eligible to work in the United States. See http://texascommerciallaw.blogspot.com/2012/08/texas-employment-law-basics-for_27.html.

The U.S. Department of Homeland Security has created a free, online system to check on a prospective employee’s status: http://www.uscis.gov/e-verify.

However, this eVerify program does NOT replace the employer’s obligation to complete and retain a Form I-9 for each employee. Make sure to retain the required documents, whether in paper or electronic form, so that you can demonstrate compliance in the event of an audit.

Rather, eVerify is a cost-free method for employers to determine whether the information on their employee’s Form I-9 matches information contained in the databases of the U.S. Department of Homeland Security and the Social Security Administration.

Most employers are not required to use eVerify at this time. Federal mandates may occur during the congressional debates surrounding immigration reform, however. Employers should review their employment verification procedures periodically to ensure that they remain in compliance with all federal and Texas statutes.  

By:  Cynthia W. Veidt, cindy@lpvlaw.com