Background Check E Verify Process and Importance

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Background checks and E-Verify are essential tools for employers to ensure they're hiring the right people for the job. E-Verify is a free online system that checks an employee's Social Security number against federal and state databases to verify their identity and work authorization.

Employers can use E-Verify to check a new hire's eligibility to work in the US, which is a federal requirement for many industries. This process helps prevent identity theft and ensures that employees are who they claim to be.

E-Verify is not a substitute for a thorough background check, but it's an important step in the hiring process. By using E-Verify, employers can reduce the risk of hiring someone who is not eligible to work in the US.

What is a Background Check?

A background check is a thorough investigation of a person's past, including their criminal conviction records, DMV records, and credit history. It's not the same as an E-verify check, which only verifies an employee's eligibility to work in the United States.

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Typically, background checks cover a specific period of time and are required for certain positions and companies. The laws regulating when pre-employment background checks can be run are very specific and vary by state and federal requirements.

Background checks can't be run on every employee, and you must comply with state and federal rules regarding when they can be required.

What Is a Background Check?

A background check is a way for employers to verify an employee's history, including their criminal record, driving record, and credit history.

Typically, background checks cover a specific period of time and can vary depending on the position and company requirements.

They can include DMV checks and credit checks, which provide detailed information about an individual's past.

Background checks are regulated by state and federal laws, which dictate when they can be run.

You can't run a background check on every employee, only those in specific positions that require it.

What Is?

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A background check is essentially a thorough review of a person's past to verify their identity and ensure they're who they claim to be. This can include checking their employment history, education, and even their immigration status.

E-Verify is a web-based system that verifies whether job applicants, employees, contractors, and vendors are eligible for legal employment in the United States. It compares information from an employee's Form I-9 to data from the U.S. Department of Homeland Security and Social Security Administration.

Immigration status verification is a crucial part of a background check, ensuring that the individual is legally authorized to work in the country.

Importance and Compliance

E-Verify is a computer program that supports the I-9 process and is optional for employers, but if your company has a policy for using E-Verify to verify employment, you must do that for all employees you hire.

Using E-Verify consistently is crucial, as receiving a Tentative Non-Confirmation does not mean that someone is not authorized to work in the United States, but rather that information was entered incorrectly or needs to be clarified.

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Employee relations and compliance, payroll services, workers' compensation, and employee benefits are all areas where verifying employment eligibility is important, as shown in the list below:

  • Employee Relations & Compliance
  • Payroll Services
  • Workers' Compensation
  • Employee Benefits

An E-Verify check takes only a few seconds to complete, and you'll receive instant results, either confirming the employee's eligibility to work in the United States or indicating that the information couldn't be confirmed.

Why is it Important?

Verifying employment eligibility is crucial for several reasons. It ensures compliance with labor laws and regulations, which can help prevent costly fines and penalties.

Employee relations and compliance are just two of the areas where verifying employment eligibility is essential.

Payroll services, workers' compensation, and employee benefits are also affected by the accuracy of employee eligibility information.

Temporary staffing, long-term staffing, and recruitment agencies all rely on accurate employment eligibility verification.

Some of the key areas where verification is necessary include:

  • Temporary Staffing
  • Long-term Staffing
  • Recruitment Agency
  • Drug Screening
  • E-Verify Screening
  • Background Checks
  • Pre-employment Skill Testing

An E-Verify check can take as little as an instant, returning results that let you know if the employee is eligible to work in the United States or if their information needs further clarification.

A tentative non-confirmation from E-Verify may indicate that some information was incorrect or that the employee needs to take further action to clarify their status.

Compliance Areas

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The I-9 form must be completed accurately to be in compliance, with specific rules regarding who can write in certain areas and how errors can be corrected.

All information from the I-9 form is entered into E-Verify to determine employment eligibility, which is a system offered by the Department of Homeland Security.

Consistent use of E-Verify is mandatory for employers, requiring them to use it for all new hires if they have a company policy.

Receiving a Tentative Non-Confirmation in E-Verify does not necessarily mean the employee is not authorized to work in the United States.

You may let the employee go or choose not to hire them if you receive a Final Non-Confirmation, to avoid penalties and fines.

E-Verify is not mandatory, but using it for all new hires can help prevent potential issues and ensure compliance.

Here is a summary of the key compliance areas:

Employee relations and compliance are critical areas where E-Verify plays a significant role, helping to prevent potential issues and ensure smooth operations.

Employee Verification & Compliance

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Employee verification and compliance are crucial aspects of any business. All areas of the I-9 form must be completed accurately to be in compliance, with very specific rules regarding who can write in certain areas, how errors can be corrected, and which forms of ID can be used.

E-Verify is a system offered by the Department of Homeland Security that enables employers to enter the information from the I-9 to verify whether an employee is eligible for work in the United States. It's a computer program that supports the I-9 process and is optional for employers.

If your company has a policy for using E-Verify, you must do that for all employees you hire. If you don't have a company policy, you can't use it on one or some employees – you must use it for every new hire or none at all.

Receiving a Tentative Non-Confirmation doesn't mean someone is not authorized to work in the United States. It often means information was entered incorrectly or the employee needs to take the TNC paperwork to the Social Security office to clear up an issue.

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Here are some key reasons why verifying employment eligibility is important:

• Employee Relations & Compliance

• Payroll Services

• Workers' Compensation

• Employee Benefits

Temporary Staffing, Long-term Staffing, Recruitment Agency, Drug Screening, E-Verify Screening, Background Checks, and Pre-employment Skill Testing are all areas where verifying employment eligibility is crucial.

E-Verify returns instant results, and you'll receive notification that the employee is either eligible to work in the United States or that the information was unable to be confirmed.

Frequently Asked Questions

What happens if you fail an E-Verify?

If an E-Verify mismatch becomes a Final Nonconfirmation, the employer may terminate the employee's employment. The employee's inaction on the mismatch can also lead to termination with no liability for the employer.

What is required to pass an E-Verify?

To pass an E-Verify, you must complete a Form I-9 and create a case in E-Verify within three business days of an employee starting work. This involves verifying the employee's identity and work authorization through a secure online process.

How far back does the E-Verify check?

E-Verify checks employment eligibility back 10 years, after which information is disposed of. This means that E-Verify only verifies employment history within a 10-year timeframe.

Virgil Wuckert

Senior Writer

Virgil Wuckert is a seasoned writer with a keen eye for detail and a passion for storytelling. With a background in insurance and construction, he brings a unique perspective to his writing, tackling complex topics with clarity and precision. His articles have covered a range of categories, including insurance adjuster and roof damage assessment, where he has demonstrated his ability to break down complex concepts into accessible language.

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