What are employers responsible for when using E-Verify?

Employers utilizing E-Verify have a critical responsibility to ensure compliance with all relevant laws. This encompasses not only the proper use of the E-Verify system itself but also adherence to federal and state employment regulations. Maintaining compliance includes verifying that the hiring process does not discriminate based on characteristics protected by law and ensuring that all documentation and procedures associated with employment eligibility are followed correctly.

This responsibility is crucial because E-Verify is designed to help employers confirm the eligibility of their employees to work in the United States. However, it does not absolve employers from their obligations under anti-discrimination laws and other employment regulations. Therefore, understanding and adhering to these legal requirements is paramount for employers to avoid legal issues and potential penalties.

In contrast, focusing solely on U.S. citizens or exclusively hiring from government-approved lists does not capture the full scope of employer responsibilities within the E-Verify framework. Additionally, the application of E-Verify is not mandatory in all hiring situations; employers have the discretion to determine when and how to use it, based on their specific circumstances and legal obligations.