12 Tips to Prepare for Mandatory E-Verify

With the possibility of E-Verify becoming mandatory for all employers, it’s important that employers take proactive measures now to be compliant with the immigration laws. Consider the following 12 tips for better E-Verify and Form I-9 compliance: Display the “Notice of Participation” and the “Right to Work” Posters; Do not use E-Verify before the employee has accepted your employment offer or before Sections 1 and 2 of Form I-9 have been completed; Create the E-Verify Case no later than 3 days after hire; If an employee provides an Employment Authorization Document (EAD) from DACA approval, the employer must document the EAD and its validity date on Form I-9; Employers must provide notice of the TNC to the employee; If an employee is re-hired within three years, the employer may use the re-hired employee’s existing Form I-9 and E-Verify record on file; Employers who enroll in E-Verify must use the program consistently; You must re-verify employment eligibility; If employers acquire employees through non-traditional hiring methods, the employer should consult with experienced immigration counsel; Close-out your E-Verify case as soon as you receive a Final Verification Result; Avoid the “over-document” trap of E-Verify Photo Matching; and Ensure all sections of Form I-9 are fully completed.

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