The U.S. Citizenship and Immigration Services (USCIS) has launched E-Verify+, a revamped employee eligibility verification process which integrates Form I-9 and E-Verify into one virtual program. After more than three decades of navigating the overlapping nature of these two processes, employers will be able to complete the Form I-9 and E-Verify processes with one free and voluntary system.

Beginning in May 2024, a limited number of employers have been receiving invitations to implement the program into their employment practices, and the new verification process will continue to roll out in the coming months. Until the full release, employers without an invitation must continue using their traditional I-9 and E-Verify processes for employee eligibility verification.

Upon receiving an invitation, employers have the option to enable E-Verify+ upon login to their E-Verify account by signing the Terms of Service. Use of E-Verify+ is not mandatory. Moreover, employers who enable E-Verify+ still have the option to use the traditional E-Verify process on a case-by-case basis so long as the decision to use one over the other is not based on a discriminatory purpose, such as by directing certain employees to use E-Verify+ based on citizenship, immigration status, or national origin.

Following an accepted job offer, an employer using E-Verify+ will enter the new hire’s information as a new case in the system. A link will then be sent to the new hire via email to complete a digital Form I-9 and upload images of their selected List A or List B and C documentation to verify their identity and work authorization. The system then yields a result of either “Employment Authorized” or “Tentative Nonconfirmation.” A Tentative Nonconfirmation indicates that the information provided does not match government records maintained by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). The E-Verify+ system directly notifies the new hire of a Tentative Nonconfirmation, thereby relieving the employer of the obligation to do so. If the new hire is unable to resolve the Tentative Nonconfirmation, the case will result with a “Final Nonconfirmation.” The E-Verify+ system notifies both the employer and employee of the final case result, whether Employment Authorized or Final Nonconfirmation. Assuming an Employment Authorized result, the employer must then review the List A or List B and C documentation in person or via live video. Once verified, the employer electronically signs and dates Section 2 of the Form I-9.

As is the case with E-Verify, most case results in E-Verify+ are returned in a matter of seconds, providing employers confidence that their employees are authorized to work in the United States. The added benefits of E-Verify+ include reducing the burden on employers to navigate the Tentative Nonconfirmation process with new hires, minimizing the risk of discrimination by prompting new hires to select and upload their preferred documentation, and conveniently storing Forms I-9 within the employer’s E-Verify account.

While employers may be eager for the full rollout of E-Verify+, this new system does not solve all problems related to Form I-9 compliance. Employers should continue to be diligent in their hiring and verifying practices and consult legal professionals when necessary. With the government gaining more access to employer and employee information, there is the potential for compliance issues as the agencies review and mine for violations and unfair practices. Another potential discriminatory practice may occur when employers use E-Verify+ for some employees, but not others. If the DHS finds increased E-Verify+ usage among immigrant / nonimmigrant hires, employers could face charges and fines. As E-Verify+ continues to roll out, employers should stay informed and consult legal experts to effectively navigate the new work authorization process.

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