Employers enrolled in E-Verify are subject to a variety of inspections and are obligated to cooperate in investigations at any time for a number of purposes. There are two primary penalties for non-compliance with the E-Verify program: The Department of Homeland Security (DHS) could prohibit an employer’s continued use of the program and issue employer fines ($550-$1,100 per violation) for failure to notify DHS when employers continue to employ individuals who received a Final Non-Confirmation result in the E-Verify system. The most effective means to improve and maintain compliant use of E-Verify is for employers to partner with competent legal counsel to review documentation and exported data from their E-Verify accounts. USCIS recently issued a new document, titled an “E-Verify Self-Assessment” guide. The guide includes checklists designed to make it easier for employers to monitor their use of E-Verify and to establish their own compliance and training programs. The guide explains how, “self-assessment demonstrates a company’s commitment to compliance by internally reviewing, detecting and preventing E-Verify misuse.”
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