When determining how your organization will verify employment eligibility for employees, it is the employer’s responsibility to treat employees equally and fairly when using E-Verify.
Employers participating
in E-Verify MUST:
Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9, Employment Eligibility Verification is complete.
Create an E-Verify case for all newly hired employees, regardless of citizenship.
Notify each job applicant of E-Verify participation and employee rights.
Use E-Verify for an existing employee only when he or she is assigned to a federal contract or if your company chose to verify its existing workforce.
Verify all new employees and existing employees assigned to a federal contract regardless of national origin, citizenship, or immigration status.
Employers participating in E-Verify MUST NOT:
Use E-Verify to pre-screen an applicant for employment.
Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.
Selectively verify the employment eligibility of a newly hired employee.
Request additional or different documents than are required to verify employment eligibility and identify, reject reasonable authentic-looking documents, or specific certain documents over others.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates charges of job discrimination as it relates to an individual’s citizenship, immigration status, national origin, or unfair documentary practices.
For questions about how to avoid employer discrimination, call the OSC toll-free employer hotline available at (800) 255-8155 or (800) 362-2735 (TTY). OSC is available to answer your questions about immigration-related employment discrimination.
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