New E-Verify+ System Comes with Reasons for Excitement and Concern for Employers

In the past month, the U.S. Citizenship and Immigration Services (“USCIS”) has launched a voluntary I-9 verification process called “E-Verify+” aimed at improving the I-9 and E-Verify processes and streamlining employer workflows. E-Verify+, which was originally referred to as “E-Verify NextGen,” has been in the works for several years. E-Verify+ allows employees to complete their I-9 information (name, date of birth, citizenship status and work authorization status) electronically, and automatically enters their information into the E-Verify system. Once this has been completed, the employer will review the work authorization documentation required by Form I-9 either in-person or virtually, and electronically sign the form. As of November 4, 2024, there are over 420 employers that have opted into E-Verify+.

E-Verify

After several years of development, E-Verify was introduced in 1997, allowing employers to confirm the employment authorization of the employees they hire. E-Verify is voluntary for most employers. However, it is mandatory for employers in certain states as well as for some federal and state contractors and subcontractors. E-Verify requires employers to enter information presented on an employee’s Form I-9 and compares it to records available to USCIS and the Social Security Administration to determine whether the employee is eligible to work. The employer then receives a notification from E-Verify letting them know whether further action is required or if the employee can begin working.

E-Verify requires additional documentation beyond the standard requirements of Form I-9, such as  the employee’s Social Security Number in order to match the name and work authorization status to records held by USCIS and the Social Security Administration. It also requires a photograph on any identity documents used in completing Form I-9. Lastly, and perhaps the most burdensome for employers, those participating in E-Verify must retain copies of the documents used to complete I-9 for each employee. This increases the amount of sensitive data stored by the employer, but also can be useful for internal audits.

Potential Benefits of E-Verify+

E-Verify+ is effectively a two-way version of E-Verify. Once an employee accepts a job with an employer participating in E-Verify+, the employer will create a case in E-Verify+, which will send a link to the employee. The employee will then create an E-Verify+ account and access their Form I-9. They will enter their information, upload images of the documentation they choose to use for the Form and electronically sign it. Similar to the E-Verify process, the system will then determine whether they are authorized for employment or if some additional information is required, such as clarity with their Social Security Number or the expiration date of their work authorization. Once a case result is final, the system notifies the employer of the outcome. The employer will then review the information and the documentation either in person or virtually, and electronically sign Form I-9. It does not appear that retention requirements have changed from E-Verify.

E-Verify+ promises to introduce several helpful features to employers. First, E-Verify+ significantly reduces the HR workload on the employer side. The employees upload and enter their information and supporting documentation directly into the E-Verify+ system, eliminating any need for the employer to upload documentation on their end, as is necessary in the current E-Verify process. It also eliminates the need for employers to send Further Action Notices/mismatches to employees since E-Verify+ will provide those notices directly to the employee after entering their information. Second, it provides a central location for both employers and employees to access and download forms and data. Employees should be able to carry one E-Verify+ account from one employer to the next, provided that both participate, and employers will be able to directly download employees’ I-9s from the E-Verify+ system.

Potential Drawbacks of E-Verify+

Any employer who has participated in sponsoring an employee’s registration for the H-1B Cap Lottery is likely aware that USCIS has faced some technical challenges. The FY 2025 Cap Lottery deadline was extended due to numerous technical issues with USCIS’s new online organizational accounts system. Given that E-Verify+ is a voluntary program and still in its developmental stages, employers should be wary about possible technical issues that could affect the efficacy of the program.

In addition, the system does not yet allow HR representatives to review an employee’s information or make any changes prior to its submission to the system by the employee. Thus, if the employee makes an error, there is no way to correct it prior to or after submission.  When correcting a paper I-9, an HR representative for the company can mark a line through the incorrect information, then initial and date the change to indicate to auditors or inspectors that the correction was made and acknowledged. E-Verify+ does not offer the same level of forgiveness for employees who complete Sections 1 and 2 of Form I-9 online. Additionally, U.S. Immigration and Customs Enforcement (“ICE”) has not officially endorsed or commented on E-Verify+ and its compliance with ICE’s audit trail requirements. However, it is unlikely that a USCIS-created system would be viewed as non-compliant for any reason.

Lastly, there may be an inadvertent chilling effect on employees who may be concerned with their status or work authorization, even if it is legitimate. Because E-Verify+ submits the information directly to USCIS, which has a memorandum of understanding with ICE that allows them to share information, there is a looming concern that E-Verify+ could be used to aid in the identification and deportation of workers. There are no reported instances of the process being used for this purpose at this time. 

E-Verify+ is a major addition to the suite of options available to employers for completing and storing their employees’ I-9 documentation. While most of its features promise to help employers in the employment authorization verification process, there are some drawbacks that should be analyzed by employers prior to enrollment. For additional help with I-9, E-Verify or E-Verify+ compliance, or any other employment immigration issues that you may face, contact a Dinsmore & Shohl immigration attorney.