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The USCIS Proposes Big Changes to E-Verify

11 Sep

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Update Applicable to:

All Employers who participate in E-Verify

What happened?

E-Verify NextGen is poised to redefine the Form I-9 and employment eligibility verification process to be released in 2024, which will transform employment eligibility verification, making it more convenient for employees to establish their identity and work eligibility in the United States. This forward-looking system integrates Form I-9 with E-Verify, redistributing key responsibilities and improving efficiency.

What are the details?

  • User-Friendly Interface: E-Verify NextGen places the onus on employees to verify their identity and eligibility. Employees can directly input their personal information and documents into the E-Verify system. This streamlined approach enhances accuracy and reduces the risk of data entry errors, which are common with paper-based processes.
  • Instant Notifications: Employees will promptly receive notifications concerning their employment status and any necessary actions to determine their eligibility. This immediate feedback is designed to expedite the verification process.
  • Eliminating Further Action Notices: Under E-Verify NextGen, the requirement for employers to issue Further Action Notices to employees in cases of information mismatches will be eliminated. This change simplifies the process for both employers and employees.
  • Portable Verification: A notable benefit is that employees can carry their verification status with them when transitioning to new employers. This feature streamlines the process of switching jobs, benefiting both employees and employers.
  • Replacing Traditional Processes: Currently, employers must complete a new Form I-9 and initiate a new E-Verify case for each new employee. E-Verify NextGen seeks to modernize and simplify this procedure.
  • Encouraging Voluntary Adoption: While E-Verify is mandatory for federal contractors and required by some state laws, it’s not obligatory for all employers. The enhancements introduced by E-Verify NextGen aim to encourage more employers to voluntarily adopt the system.
  • Form I-9 Updates: Alongside E-Verify NextGen, the Form I-9 is undergoing updates, with its expiration date extended until further notice by the Department of Homeland Security. These revisions aim to align the form with evolving employment verification practices.
  • Remote Work Considerations: The Department of Homeland Security is also exploring changes to documentation inspections for remote workers. This includes the possibility of remote document reviews, with a final rule anticipated to be published in the Federal Register.

For more information, please see the links below:

Official USCIS Announcement E-Verify NextGen Page

USCIS E-Verify NexGen Video

USCIS Federal Register Notice

Article 1, Article 2, Article 3

What do employers need to do?

Employers should review the above links for further clarifying information and are encouraged to stay informed about E-Verify system enhancements, Form I-9 updates, and changes in document verification processes for remote employees as the landscape of employment verification evolves.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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