“E-Verify NextGen” Project Aims to Simplify Eligibility Verification Process for Employers and Employees

U.S. Citizenship and Immigration Services recently announced that it intends to integrate Form I-9, Employment Eligibility Form, with E-Verify to simplify the electronic employment eligibility confirmation process. Currently, employers are required to enter information on Form I-9 and then transfer that information into the E-Verify system, which can sometimes result in data entry errors. USCIS proposed a new integrated internet-based project that will allow employees to create their own secure account, have more direct control over their data and resolve E-Verify tentative nonconfirmations, also known as “mismatches.”

Currently, the burden of initiating the resolution process for an E-Verify mismatch generally falls on employers. As a result, employees who are not notified of their mismatch may not have an opportunity to resolve it and can face termination if their E-Verify case results in a final nonconfirmation. The new integrated process will allow employees to be notified of and resolve E-Verify mismatches directly with the government instead of through their employer. Thereafter, they will receive an electronic verification response that they can use and update with subsequent employers. Accordingly, the employer will no longer have a primary role in the mismatch resolution process.

The E-Verify NextGen project will be created using the existing USCIS and E-Verify websites and will include electronic applications for both the employer and the employee. E-Verify NextGen will purportedly offer a smoother onboarding experience for both the new hire and the employer.

E-Verify NextGen will not replace the standard version of E-Verify at this time. Employers can choose whether to continue using the E-Verify process or to utilize the new E-Verify NextGen process. E-Verify will remain voluntary for most employers, except federal contractors and subcontractors and certain other employers who are mandated to utilize the process. However, these added improvements create an additional incentive for more employers to voluntarily use the system.

Please contact Laura Buck or any member of Phelps’ Labor and Employment team if you have questions or need advice or guidance.