PRACTICE AREAS / E-Verify Impact Analysis

At ICE WTF Law Firm, we specialize in E-Verify Impact Analysis, helping companies evaluate the potential legal, operational, and compliance implications of enrolling in the E-Verify program. We also assist companies who receive notices of Tentative Nonconfirmation (TNC), also known as "mismatch" or "no match" letters, and help them navigate the potential pitfalls of noncompliance and discrimination. 

What is E-Verify

E-Verify is an electronic system that allows employers to verify the employment eligibility of their employees by comparing the information on the Form I-9 against data from the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).

E-Verify requirements vary by state, with some states requiring it for all employers, and others requiring it for some employers.

Employers who use E-Verify will receive a notice of Tentative Nonconfirmation (TNC) when information in an employee's I-9 form is different from records available to federal and state governments. Employers are required to follow several steps with the employee to resolve the TNC in E-Verify. Failure to comply can lead to serious penalties for the employer, the severity of which depends on the specific circumstances and whether it is a repeated or willful violation.

>> In Depth: Navigating a Tentative Nonconfirmation (TNC)

Pros and Cons of E-Verify

While E-Verify can be a valuable tool for ensuring compliance with federal immigration laws, companies should carefully consider its potential impacts before deciding to use it. We guide our clients through this analysis, helping them understand the benefits and risks involved.

One of the key benefits of using E-Verify is that it helps employers comply with federal immigration laws by verifying that their employees are authorized to work in the United States. This can significantly reduce the risk of hiring unauthorized workers and facing potential penalties from U.S. Immigration and Customs Enforcement (ICE) or other regulatory bodies.

Examples of negative impacts include operational burdens such as time-consuming training, increased compliance costs, and delays in on-boarding for those who receive TNCs. E-Verify also exposes the employer to potential discrimination claims. 

>> Blog: 7 Reasons Why Companies Avoid Using E-Verify

How We Can Help

ICE WTF Law Firm helps companies carefully analyze the potential impacts of enrolling in E-Verify. We assist companies in understanding the legal benefits and operational challenges associated with the program, ensuring they are fully informed before deciding to participate. Whether a company is considering E-Verify due to new government contract requirements, hiring STEM OPT students or general compliance goals, our law firm provides expert guidance on how to balance the pros and cons, mitigate risks, and make informed decisions regarding their participation in the E-Verify system.