Knowing the Difference between Form I-9 and E-Verify

Employers often use E-Verify and Form I-9 interchangeably. But the truth is, while they are related, they are very different processes.

Form I-9, from the U.S. Citizenship and Immigration Service (USCIS), is the core of E-Verify.  It is used by an employer to verify an employee’s identity and eligibility for employment in the United States. E-Verify is not to be mistaken as an electronic version of Form I-9.  E-Verify is an internet-based system that compares information from the Form I-9 to government records to confirm that an employee is authorized to work in the United States.

Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements:

Form I-9	E-Verify
Is mandatory	Is voluntary for most businesses
Does not require a Social Security number	Requires a Social Security number
Does not require a photo on identity documents (List B)	Requires a photo on identity documents (List B)
Must be used to re-verify expired employment authorization	MAY NOT be used to re-verify expired employment authorization

Therefore, E-Verify cannot be used to replace Form I-9. E-Verify is used in conjunction with Form I-9 to help employers confirm that an employee is authorized to work in the U.S.

Why would an employer utilize E-Verify?

1.     It may be a requirement if the employer is a federal contractor or conducts business in a state that requires it.

2.     Participation makes it possible to hire some foreign students doing extended Optional Practical Training in a STEM (Science, Technology, Engineering, or Math) profession.

3.     E-Verify creates a presumption of an employer’s good faith compliance in the event of an I-9 audit.

4.     Many employers, especially those with large payrolls and multiple offices throughout the country, like the ease of using E-Verify and the security it provides in ensuring a legal workforce, especially when used in conjunction with an electronic I-9 system.

 Which states require employers to use E-Verify?

 There are currently 20 states that require the use of E-Verify to some extent. Click here to see which states require E-Verify and in what capacity. 

"What's the Hold Up?" — 5 Reasons For Delays and How To Overcome Them

     Delays in the hiring process can be frustrating. Filling a job position, in most cases, is very time-sensitive. The last thing you want to hear is that the background check is holding up the entire process. So in order to keep you from pulling out your hair, we have compiled a list of some of the most common delays and why these delays happen. We have even provided some tips to combat delays in your screening program.

1.   Inaccurate Personal Information

Errors when inputting important identifiers, such as the name or date of birth of the applicant, can mess up the background check. Nothing will delay the process more than having to redo the search, starting with re-entry of personal identifiers. Failure to use accurate information will require that you reach back out to the applicant to make corrections. This is a sure way to bring your process to a screeching halt. Errors made in entry on I9’s or EVerify orders cannot be fixed by S2Verify, requires a cancellation of the search, by law, and re-entry by the client.

2.    Additional Information Required

The background check may be at a standstill if you have not uploaded necessary documentation. Depending on the requirements of the background check, it could be anything from a driver’s license to a consent form. First and foremost, make sure you are doing everything that you can on your end to complete the background check and get the applicant on the job.

3.     Adjudication at the Local Level

Simply running an applicant through the national criminal database does not constitute a comprehensive background check. The information can be inaccurate based upon time lapse or out-of-date. Due diligence requires verification of any records found in the national criminal database at the local level (i.e. county or state courts). Also, not every court system has records online. This results in manual court record retrieval, which can take some time. Adjudication at the county level is best practices and a necessary procedure to deliver accurate, current data.

4.      Failure to Reach Sources for Education or Employment Verification

Trying to get a hold of someone from the appropriate school or company can prove difficult at times. For example, getting proof of an applicant’s high school diploma can be a struggle during the summer months. Verification can be one of the biggest obstacles preventing the timely completion of an applicant’s background check.

5.     Court Closings

Factors such as holidays and harsh weather conditions can result in local courts closing for a period of time. Background checks that are awaiting information from one of these courts are stuck in limbo until the courts re-open. Currently, not every court offers online access to records. Unfortunately, this is a delay that cannot be avoided.

What can I do to overcome these delays?

Set-backs, such as court closings and the adjudication of records, cannot be avoided. Until every court provides access to records online, weather and holidays will continue to be a problem. This is a reality, regardless of the provider you choose for your background checks. There are a few things, however, that you can do to ensure the greatest result in terms of turnaround time:

1.     Double check to make sure the information inputted is correct before you submit it for a background check. Two transposed digits can mean the difference between an erroneous and an accurate background check.

2.     Make sure that the background check is not pending the upload of documentation on your end. Certain searches require additional information, such as a driver’s license or consent form.

3.      Ensure that your provider is doing everything they can to verify past employment and education. Ask them what their procedure is. Do they use a database? Do they outsource the work? How often are they reaching out to employers/schools? If they are not calling sources frequently enough, they will not be able to verify employment/education. Hold your provider accountable.  

The State of Oregon Has Banned the Box

House Bill 3025 was signed on June 25^th, making Oregon the 18^th state to ban the box. Ban the Box legislation originally referred to removing the check-box on an application that required applicants to indicate if they have a history of criminal convictions. Most of the new bills referred to as ban the box legislation have stipulations beyond the exclusion of a check-box on the application.

HB 3025, continuing the trend sweeping the United States, goes a step further by prohibiting employers from demanding the disclosure of criminal convictions prior to an initial interview. The bill applies to all employers in Oregon outside of a few exceptions and will take effect in January 2016. Exceptions include employers that are a part of the criminal justice system, law enforcement agencies, and employers seeking non-employee volunteers.

You can view the bill in its entirety here.

For an up-to-date look at ban the box legislation and how it will affect your business, go to NELP.org

Nevada Eliminates Restriction on Reporting Convictions Over Seven Years Old

On Tuesday, June 9^th, Governor Brian Sandoval signed Senate Bill 409. Prior to this bill, Nevada employers were barred from using convictions over 7 years old in the consideration of a job applicant. This bill, effective immediately, means background screening companies are no longer limited to reporting convictions less than seven years old in Nevada.

SB 409 also allows Nevada employers the use of more extensive background checks, stating “Existing federal law provides certain exceptions to the preceding federal prohibition, including an exception for a credit report prepared in connection with the employment of an individual whose salary will be greater than $75,000. A similar exception in state law exists for a credit report prepared for a gaming licensee in connection with a person who is seeking employment with the licensee or employment in a position connected directly with the licensee’s operations.”

While SB 409 allows you to conduct criminal background checks that include criminal history older than seven years, be mindful of the Equal Employment Opportunity Commission’s (EEOC) guidance on background screening. The EEOC suggests that employers consider the time that has passed since the offense.

S.B. 409 can be read in its entirety here.

Electronic I-9 Beta

Managing the completion and storage of Form I-9 can be one of the most labor intensive parts of the on-boarding process. We are happy to announce that we are offering a solution to turn your manual, paper-based procedure into a digital, user-friendly process. We are currently allowing clients to participate in our Electronic I-9 Beta while we fine-tune the solution to better suit your needs.

The Electronic I-9 management system fulfills all U.S. Citizenship and Immigration Services (USCIS) obligations. The digital I-9 form helps to eliminate errors for accurate completion. The form is sent by email and filled out by the employee. The employer will fill out their portion of the form and it will be automatically be stored. An option to include E-Verify is available. Tracking/auditing the entire process will be much easier when you switch to our digital option. 

Advantages include:

·         Improved accuracy when filling out Form I-9

·         Easy to audit

·         Paperless storage all in one place

·         Integrated background screening and on-boarding

·         Notification of I-9 expiration

Contact your account manager today to get additional information about our Electronic I-9 Solution, pricing, and how to join the Beta!

Not an S2Verify client? Contact us at 1 855 671 1933 to get started today!

NYC Passes Bill Banning Credit Checks in Hiring Process

Pending Mayor DeBlasio signing the bill (Int.0261-2014) into law, New York City will join a growing a list of U.S. localities eliminating credit checks from the background screening process. The New York City Council passed the bill last Thursday April 16, 2015 by a vote of 47-3. Ten states (CA, MD, CT, HI, IL, WA, OR, VT, CO, NV) and two cities (Chicago, IL and Madison, WI) set precedent for NYC’s latest legislature.

One’s credit history, according to the bill, consists of:

• Prior bankruptcies, judgments, or liens

• Number or credit accounts

• Late or missed payments

• Charged-off debts

• Items in collection

• Credit limit

• Prior credit report inquiries

• Items in collections

This bill, an amendment to the NYC Human Rights Law, would make it an unlawful discriminatory practice for an employer to use an individual’s consumer credit history in making employment decisions. Due to the sensitive nature of various employment positions that require additional layers of security, the bill would provide exceptions to several positions.

Exemptions from the credit check ban include:

• An employer, or agent thereof, that is required by state or federal law or regulations or by a self-regulatory organization as defined in section 3(a)(26) of the securitiesexchange act of 1934

• Police officers or any position with a law enforcement or investigative function

• A position in which an employee is required to be bonded under City, state, or federal law

• A position that requires security clearance under federal or state law

• A non-clerical position having regular access to trade secrets, intelligence information, or national security information

• A position having signatory authority over third party funds or assets valued at $10,000 or more

• A position that involves fiduciary responsibility to the employer with the authority to enter financial agreements valued at $10,000 or more on behalf of the employer

• A position with regular duties that allow the employee to modify digital security systems established to prevent the unauthorized use of the employer’s or client’s networks or databases

New York City employers will need to pay close attention as this unfolds. Should this bill become law, modification of employers’ background screening policies will be necessary.

Re-screening Your Employees

You have just extended a conditional offer to a job candidate to fill that vacant position at your company. The conditional offer is contingent upon the results of his/her background check. You follow FCRA guidelines through the entire hiring/screening process. The background check is completed, and you see that the candidate has no criminal record. Your job is done now, right? The new hire has been deemed safe and his qualifications acceptable. So you won’t ever need to screen him/her again, right? WRONG.

There are many reasons to re-screen your employees:

•          Employees in safety-sensitive positions
•          Employee have contact with customers
•          Employees work with children/elderly
•          A change in employee responsibilities
•          A promotion gives an employee access to assets or sensitive employee info

Safety-Sensitive Positions

Re-screening is important in some of the high risk positions, such as transportation or any job requiring the operation of heavy machinery. In the transportation industry, keeping track of one’s driving record is essential. You don’t want a reckless or drunk driver operating a vehicle for your company. The operating of any heavy machinery can be dangerous. For the safety of themselves, fellow employees, and others, we recommend routine drug screening, another party of the screening process.

Contact with Customers

When your employees work directly with customers, you have an obligation to regularly screen your employees. This is especially important when they work inside customers’ homes. While a red flag may not have been spotted in the pre-employment background check, criminal activity may occur during the employment of an individual. A current look at an employee’s criminal history can help ensure the safety of your customers.

Work with Children/Elderly

Children and the elderly are particularly vulnerable. As an organization that deals with either demographic, it is your duty to make sure you are not putting them at risk. You have a duty to your customers to ensure that they are not exposed to someone who is a sex offender or has a history of violence. An up-to-date look at the criminal history of those who work with them is one way of protecting this defenseless group.

Change in Employee Responsibilities

Whether a lateral or vertical move is made by an employee, there will be changes in responsibilities. And since your background check should be based upon the responsibilities of the job, you may need to run a different or more thorough search on the employee.

Access to Assets or Sensitive Employee Info

A promotion typically means more access to capital, other assets, or sensitive employee information. Because of this, employers may want to initiate a more involved background check. For example, work with the company’s finances may warrant a credit check. When the employee was hired, his background check may have consisted of only a national criminal search. This search casts a wide net, but is not as reliable as screening at the local level. Therefore, it would be prudent to order a county criminal search for a more up-to-date look at the employee’s criminal history.

A recent survey determined that only about 30% of employers have an active program for re-screening their employees. That is an alarming number. If you want to protect your company, your employees, and your customer base, it is imperative that you consider re-screening your workforce.

If you are not sure where to begin with your company’s re-screening policy, start by identifying the jobs that require re-screening. You can do this by considering the following questions:

•          What are the responsibilities of the position?
•          How much access will the employee have to assets and/or customers?
•          Is the position high-risk?

Once you have identified the situations that require re-screening, craft a written policy to handle decisions, such as grounds for termination based on the background check, and any possible disagreements that may follow.