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E-Verify desk reviews have become a focal point for many employers in the US. As compliance scrutiny intensifies, understanding its intricacies is crucial for organizations to ensure adherence to E-Verify regulations.
This blog aims to demystify the desk review process, explaining its purpose, key components, and steps to ensure a successful outcome.
What is E-Verify?
E-Verify is an internet-based system that compares information from an employee’s Form I-9 to records in government databases to confirm employment eligibility. It’s a voluntary program for employers but is compulsory for certain federal contractors.
Who is an E-Verify Employer?
As already stated, the program is mandatory for specific categories of employers:
- Federal Contractors: Companies that contract with the federal government are required to use E-Verify.
- Subcontractors: Businesses that subcontract with federal contractors must also participate in E-Verify.
- State and Local Government Mandates: Some states and localities have their own E-Verify mandates, requiring specific employers within those jurisdictions to participate.
It’s important to note that while E-Verify participation is voluntary for most employers, it can be a strategic decision to ensure compliance and maintain a legal workforce.
What is an E-Verify Desk Review?
An E-Verify desk review is a compliance check performed by the E-Verify Account compliance team to confirm employers adhere to program guidelines. This process involves meticulously examining an employer’s employment verification methods, including document retention, recordkeeping, and overall E-Verify usage.
Desk reviews generally involve phone calls, emails, and document requests.
What is the purpose of E-Verify Desk Reviews?
The primary objective of E-Verify desk reviews is to assess an employer’s compliance with E-Verify program guidelines. By conducting these reviews, the E-Verify Account Compliance team aims to:
- Verify Program Adherence: Ensure employers accurately follow E-Verify procedures and policies outlined in the Memorandum of Understanding (MOU).
- Identify Compliance Issues: Detect potential areas of non-compliance, such as errors in Form I-9 completion or improper document retention.
- Provide Guidance and Assistance: Offer employers support and clarification on E-Verify requirements and best practices.
- Enhance Program Integrity: Strengthen the overall integrity of the E-Verify system by detecting and addressing potential vulnerabilities.
Through desk reviews, E-Verify aims to promote a fair and legal workforce while providing employers with the necessary tools to maintain compliance.
E-Verify Desk Review Process Explained
Several people ask the question: what information does e-verify review?
The desk review process generally follows these steps:
- Selection: Employers are chosen for a desk review based on factors such as E-Verify usage patterns or potential compliance issues.
- Notification: Employers receive a notification from E-Verify Account Compliance summarizing the scope of the review and the documents required.
- Document Submission: Employers submit requested documents, including Form I-9s, employment eligibility verification documents, and E-Verify case information.
- Review and Analysis: E-Verify compliance staff carefully examine the submitted documents to evaluate compliance with E-Verify guidelines.
- Feedback and Guidance: Based on the review findings, compliance staff provide feedback and recommendations to the employer.
How does E-Verify Select a Participant for a Desk Review?
The E-Verify selection process for desk reviews is based on various factors, including but not limited to:
- E-Verify Usage Patterns: Employers who exhibit unusual or inconsistent use of the system may be selected for review.
- Compliance Risk Indicators: Certain patterns or practices identified within an employer’s E-Verify account may trigger a review. This may include patterns of Tentative Non Confirmations (TNCs), inconsistencies in Form I-9 completion, or other indicators of potential issues.
- Random Selection: A portion of employers are selected randomly to assess overall program compliance.
When an employer is chosen for a desk review, they will typically receive a notification via email or phone from E-Verify Account Compliance outlining the next steps. The desk review allows participants to discuss difficulties or issues using E-Verify with Account Compliance.
Note: Any employer using E-Verify could be selected for a desk review, regardless of company size or industry.
E-Verify Desk Review Acceptance Notification
When selected for an E-Verify desk review, employers will receive a formal notification outlining specific requirements and expectations. This notification typically includes:
- Document Request: A detailed list of documents required for the review, including Form I-9s, supporting documentation, and E-Verify case information.
- Document Submission Guidelines: Instructions for securely transmitting requested documents, often specifying file size limitations and password protection requirements.
- Compliance Assessment: A clear statement that the review aims to assess compliance with E-Verify regulations and procedures.
- Timeframes: A specific deadline for submitting the requested documentation, typically within 10 federal government working days. Failure to comply can result in severe penalties, including termination of E-Verify participation.
- Self-Assessment: Employers may be required to complete a self-assessment to evaluate their E-Verify practices.
Accompanying the notification are usually three essential documents:
- Request for Documents: A detailed list of specific E-Verify cases to be reviewed.
- E-Verify Profile Confirmation Form: Used to verify the accuracy of the employer's information on file.
- Self-Assessment Guide: A questionnaire designed to help employers evaluate their E-Verify practices.
It’s crucial for employers to respond promptly and accurately to the desk review notification to avoid potential issues.
Below is an email sent by E-Verify notifying the Desk Review:
Enclosure 1- Request for Documents typically outlines the specific E-Verify cases selected for review:
Here is a sample of the Enclosure 2 - Profile Confirmation Form:
Besides these, an E-Verify Self Assessment Guide (M-1043) is enclosed. It is provided to assist employers in maintaining E-Verify compliance. It outlines best practices, identifies potential risk areas, and offers guidance on improving E-Verify usage.
By completing the self-assessment, employers can identify strengths and weaknesses in their E-Verify processes, implement corrective actions, and reduce the likelihood of compliance issues. The guide covers various aspects of E-Verify, including Form I-9 completion, case management, and recordkeeping.
E-Verify Desk Reviews: Mistakes to Avoid
Understanding common pitfalls can help employers prepare for and successfully navigate a desk review. Here are some frequent areas of concern:
- Form I-9 Completion Errors: Mistakes in completing Form I-9s, such as incorrect dates, missing information, or improper document selection, are common issues.
- Document Retention: Employers often struggle with maintaining accurate and organized records of Form I-9s and supporting documentation.
- E-Verify Case Management: Incomplete or inaccurate information entered into the system can lead to discrepancies and delays.
- Tentative Non Confirmations: Handling TNCs appropriately, including timely resolution and proper documentation, is crucial.
- Recordkeeping for Terminated Employees: Maintaining records for terminated employees and understanding retention requirements is essential.
For a smooth desk review process, employers can:
- Maintain Accurate Records: Keep meticulous records of all Form I-9s, employment eligibility verification documents, and E-Verify case information.
- Stay Organized: Develop a system for efficiently storing and retrieving required documents.
- Respond Promptly: Respond to E-Verify requests in a timely manner to avoid delays in the review process.
- Seek Clarification: If you have any questions or concerns, don’t hesitate to seek clarification from E-Verify Account Compliance.
- Implement Corrective Actions: Address any identified compliance issues promptly and thoroughly.
By following these guidelines, employers can increase their chances of a successful desk review and maintain E-Verify compliance.
Is There a Link Between E-Verify Desk Reviews and I-9 Audits?
- While not a guaranteed outcome, there is a heightened possibility of an on-site audit or investigation following an E-Verify desk review. The desk review serves as a preliminary assessment of an employer’s compliance, and if irregularities or systemic issues are identified, it could trigger further investigation.
- The Department of Homeland Security (DHS) has the authority to conduct workplace enforcement actions, including audits and investigations, to ensure compliance with immigration laws, including E-Verify regulations.
- As 8 CFR Part 274a outlines, all employers are subject to potential audits and investigations. While a desk review is not synonymous with an audit, it can be seen as a forerunner, providing authorities with valuable insights into an employer’s E-Verify practices.
- Numerous reports indicate that employers who have undergone desk reviews subsequently faced on-site audits or investigations. These follow-up actions often involve more stringent document verification, employee interviews, and potential penalties for non-compliance. Therefore, employers must treat desk reviews seriously and take necessary steps to ensure compliance.
The following is a sample STEM OPT Employer Site Visit Notification received by an employer subsequent to an E-Verify desk review:
Summing Up
An E-Verify desk review is a compliance inspection conducted by the E-Verify account compliance team to ensure employers accurately utilize the system. This in-depth review examines an employer’s employment eligibility verification practices, including Form I-9 completion, document retention, and E-Verify case management.
Understanding the E-Verify desk review process is crucial for employers seeking compliance. Employers can mitigate risks and strengthen their E-Verify program by proactively preparing for a potential review and addressing any identified issues.
While desk reviews are a compliance tool, it’s essential to recognize that they can also serve as a precursor to more comprehensive audits by the U.S. Immigration and Customs Enforcement (ICE). By prioritizing E-Verify compliance and implementing robust internal controls, employers can foster a culture of compliance within their organizations.
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