Monday, February 12, 2018
Today, President Donald Trump, through the Office of Management and Budget, released their proposed 2019 budget for the fiscal year 2019 which begins October 1st, that includes funds dedicated towards mandatory E-Verify.
E-Verify Mandatory Nationwide
The proposal explains that $23 million will be invested to expand the program and make E-Verify mandatory nationwide. The $23 million is on top of the $208 million being requested for 300 additional ICE Special Agents, support staff and the infrastructure needed to carry out Homeland Security’s mission to ensure that only those with a legal right to work in the United States are employed. Per the proposal, the budget also has language to receive reimbursement of the $208 million from the application fees of those requesting immigration legally into the United States.
Changes Employers Will Face
A majority of employers do not use E-Verify unless obligated to do so by law because, among other reasons, it requires a significant time investment.
So far, mandatory E-Verify has been conducted in ten states. Many employers whose businesses are spread across the country have been handling E-verify only in those states where required by the law.
The difference, however, could be devastating – participating in E-Verify in general is a timely process, but being forced to participate at ALL job sites is a huge difference for any company that has multiple locations in multiple states.
The companies that currently do not participate at all will all of the sudden create a huge strain on any HR dept. Having to perform E-Verify in each state means employers will have to reorganize their human resources teams and have full-time employees manage E-Verify cases. As an employer, you will have to make sure to track each opened case, make a timely response to it, and close it once it is resolved.
Conducting Electronic I-9 Process
If you use an electronic I-9 solution, you will have to make sure it is E-Verify compliant. Moreover, you will want to use a solution that is integrated with E-Verify.
If your I-9 solution is not integrated with E-Verify, you will need to type in every required piece of information into E-Verify base (this, of course, after having to write it down).
Simply said, you would have to deal with the same issue you would deal with if handling I-9s on paper: manual information input on the E-Verify website.
Staying E-Verify Compliant with Paper I-9s
The change truly influences the employers on a paper I-9 process. You will need to log in to the E-Verify government site and manually enter every new hire in every state, and see each E-Verify to completion.
You will also likely need to print out the E-Verify results to keep with the I-9, creating more paper to maintain. You would then have to deal with two different workspaces – the paper, and the PC to log onto E-Verify to input the information every time.
Furthermore, there are a lot of Tentative Non-Confirmation responses that need to be researched and solved, which is very resource intensive for employers nationwide.
Higher Fines & Frequent ICE Audits
Taking into consideration recent legislative updates in certain states and a significant increase in fines, it will certainly take more time and attention to stay 100% compliant.
To contribute, the ICE audits seem to have increased up to 400%, additionally exposing employers to stricter compliance efforts. Participating in E-Verify can help auditors assess if a company maintains the effort to remain compliant. Should your company demonstrate negligence or non-compliance, it could inspire auditors to knock on your company’s door.
What Can Your Company Do to Comply with Mandatory E-Verify?
If you have not done so already, put an electronic solution into use. It will ensure that the resources and compliance necessary are in place for your company before E-Verify is required in all states.
Here’s how Emptech’s I-9 platform compares to your current situation in terms of costs, compliance, and reporting.
Financial & Time Costs
The I-9 solution is designed to quickly process individuals, while improving compliance simultaneously.
The E-Verify integration 100% removes the need to input any information in order to create an E-Verify case, as all of the information is in the system already. You will not be responsible for maintaining your E-Verify on your own, which would be the case with most solutions.
The system is designed to ensure that the required and correct information is inputted, providing highly compliant I-9s. The information that is inputted into the system is automatically sent to E-Verify, which removes the need to input it twice (once for I-9, another for E-Verify).
Use several reports and search functions to check reports in real time, or perform an audit of one of your locations to make sure you have I-9s for all active employees. Discover incomplete or missing I-9s in a matter of seconds. Keep track of individuals that need to have their work authorization re-verified periodically.
Sounds next to impossible via paper, doesn’t it?Learn how E-Verify integrated electronic I-9 solution can spare you additional costs and HR reorganization, and help increase compliance.