Prepping for E-Verify Compliance

(from Fisher Phillips) Use of the E-Verify system is voluntary for employers unless mandated under state or local law. But Congress is considering legislation not only to mandate the system for all employers, but to also require them to conduct a status check of all employees not electronically verified within the three preceding years and terminate those determined unauthorized to work. To use E-Verify while avoiding the implications of employment discrimination, employers are advised to follow 13 steps, including:
Conspicuously post the "Notice of E-Verify Participation" and "Right to Work" posters in both English and Spanish.

• Only use E-Verify after a candidate has accepted a job offer and completed a Form I-9.
• Do not use E-Verify as a tool to prescreen individuals based on their national origin, citizenship or immigration status.