Prepare for Rising E-Verify Audits in Your Workplace

I’m thrilled to sit down with Ling-Yi Tsai, an esteemed HRTech expert with decades of experience helping organizations navigate complex compliance landscapes through innovative technology. With her deep knowledge of HR analytics and process integration, Ling-Yi offers invaluable insights into employer responsibilities under U.S. immigration regulations, particularly with tools like E-Verify. Today, we’ll explore the intricacies of E-Verify, the importance of compliance, the desk review process, and practical steps employers can take to stay prepared amidst heightened immigration enforcement.

Can you explain what E-Verify is and why it plays such a critical role for employers in the U.S.?

Absolutely. E-Verify is a web-based system run by the U.S. Department of Homeland Security and the Social Security Administration. Its primary purpose is to help employers confirm that their new hires are legally authorized to work in the United States. It acts as an additional layer of verification beyond the Form I-9 process, where employers check identity and work authorization documents. By electronically matching employee information against government records, E-Verify helps catch discrepancies and ensures that unauthorized individuals aren’t employed, which is crucial for compliance with federal immigration laws.

How does the E-Verify process unfold once a new employee is hired?

Once a new hire completes the Form I-9 and provides their documents, an employer enrolled in E-Verify submits a case through the system, typically within three business days of the employee starting work. After submission, the employer receives a response indicating whether the individual is authorized to work, unauthorized, or if additional information is needed to resolve the case. This quick feedback helps employers address any issues early and maintain compliance with hiring regulations.

Could you elaborate on what an E-Verify desk review entails and its purpose?

Certainly. An E-Verify desk review is an assessment conducted by the U.S. Citizenship and Immigration Services, or USCIS, to evaluate whether an employer is adhering to E-Verify and broader immigration law requirements. The main goal is to identify any noncompliance in how employers handle hiring and verification processes. These reviews can be triggered by random selection, noticeable patterns or inconsistencies in E-Verify cases, or even complaints from current or former employees.

What should employers anticipate if they’re selected for one of these desk reviews?

When selected, employers receive a notification from E-Verify account compliance outlining the scope of the review and detailing the specific information or documents they need to provide. This can include personnel and payroll data, Form I-9 records, and supporting identity or work eligibility documents. In some cases, USCIS may also conduct on-site visits or interview employees to get a fuller picture of the employer’s practices. It’s a thorough process, so being prepared is key.

What are the potential repercussions if a desk review uncovers issues or violations?

If significant errors or violations are found during a desk review, it can escalate into a broader investigation of the employer’s immigration practices. This might involve deeper scrutiny from federal agencies. Common issues that trigger further action include incomplete or incorrect Form I-9s, failure to submit E-Verify cases on time, or patterns suggesting intentional noncompliance. The consequences can range from fines to more severe penalties, depending on the nature and extent of the violations.

How can employers proactively prepare for the possibility of an E-Verify desk review?

Preparation starts with ensuring that hiring, Form I-9, and E-Verify processes align with current laws. Employers should train staff responsible for these tasks and document that training to demonstrate due diligence. It’s also wise to conduct periodic internal audits of I-9 and E-Verify records to catch and correct errors before they become problems. Documenting these audits shows a commitment to compliance, which can be helpful if a review occurs. Staying proactive with these steps puts employers in a strong position to respond confidently.

With the recent uptick in immigration enforcement, what is your forecast for the future of E-Verify audits and employer compliance?

I anticipate that the focus on immigration enforcement will continue to intensify, leading to an increase in E-Verify audits and desk reviews. As federal agencies ramp up their efforts, employers will face greater scrutiny, especially those in industries with high turnover or large immigrant workforces. My forecast is that we’ll see more emphasis on technology to streamline compliance, but also stricter penalties for noncompliance. Employers who invest in training, regular audits, and robust HR systems now will be better equipped to navigate this evolving landscape.

Explore more

What If Data Engineers Stopped Fighting Fires?

The global push toward artificial intelligence has placed an unprecedented demand on the architects of modern data infrastructure, yet a silent crisis of inefficiency often traps these crucial experts in a relentless cycle of reactive problem-solving. Data engineers, the individuals tasked with building and maintaining the digital pipelines that fuel every major business initiative, are increasingly bogged down by the

What Is Shaping the Future of Data Engineering?

Beyond the Pipeline: Data Engineering’s Strategic Evolution Data engineering has quietly evolved from a back-office function focused on building simple data pipelines into the strategic backbone of the modern enterprise. Once defined by Extract, Transform, Load (ETL) jobs that moved data into rigid warehouses, the field is now at the epicenter of innovation, powering everything from real-time analytics and AI-driven

Trend Analysis: Agentic AI Infrastructure

From dazzling demonstrations of autonomous task completion to the ambitious roadmaps of enterprise software, Agentic AI promises a fundamental revolution in how humans interact with technology. This wave of innovation, however, is revealing a critical vulnerability hidden beneath the surface of sophisticated models and clever prompt design: the data infrastructure that powers these autonomous systems. An emerging trend is now

Embedded Finance and BaaS – Review

The checkout button on a favorite shopping app and the instant payment to a gig worker are no longer simple transactions; they are the visible endpoints of a profound architectural shift remaking the financial industry from the inside out. The rise of Embedded Finance and Banking-as-a-Service (BaaS) represents a significant advancement in the financial services sector. This review will explore

Trend Analysis: Embedded Finance

Financial services are quietly dissolving into the digital fabric of everyday life, becoming an invisible yet essential component of non-financial applications from ride-sharing platforms to retail loyalty programs. This integration represents far more than a simple convenience; it is a fundamental re-architecting of the financial industry. At its core, this shift is transforming bank balance sheets from static pools of