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
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