E-Verify is an electronic system administered by the United States Citizenship & Immigration Services (USCIS) and the Social Security Administration (SSA). This program allows participating employers to verify whether newly hired employees are authorized to work in the United States by checking the information provided by employees on their Form I-9 against both USCIS and SSA databases.
Currently, employer enrollment in the E-Verify program is primarily voluntary, and there is no fee for participating employers. However, certain states have passed legislation requiring the use of E-Verify; and the government has proposed an amendment to the Federal Acquisition Regulation (FAR) that would require Federal government contractors to use E-Verify for all new hires, and all employees (existing and new) directly engaged in the performance of work under the covered contract. For now, E-Verify enrollment is only required when a company enters into a Federal contract or subcontract that requires participation in E-Verify as a term of the contract. An E-verify Third Party Agent is a liaison between E-Verify and employers wishing to participate, but who choose to outsource submission of employment eligibility verification queries for newly hired employees. E-Verify Third Party Agents conduct the verification process on behalf of employers/clients. The Third Party Agent must register online and sign a Memo of Understanding (MOU) with the SSA and the USCIS. Once the MOU is approved, the E-Verify Third Party Agent can then begin registering employers/clients who have designated it to perform the company's verification services. Each employer/client will also be required to sign a MOU and will have a unique E-Verify client number.
How This Affects You
The ability to assign an E-Verify Third Party Agent provides significant benefits to employers. A company may designate an attorney as a Third Party Agent, so that the attorney conducts the online E-Verify process while the company complies with the Form I-9 requirements. Utilizing an attorney as a Third Party Agent helps ensure that the E-verify procedures are completed properly, and also allows the attorney to review each Form I-9 completed by the company for errors.
Using a Third Party Agent can also save employers time and resources. There are very specific rules that must be followed in order to comply with the E-Verify program, and each company administrator must participate in a training program before being able to use the E-Verify system. For many employers, compliance with these rules can be handled more efficiently by a reliable Third Party Agent.
Please contact Goeschl Law Corporation if your company is interested in having our firm serve as an E-Verify Third Party Agent.
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