How E-Verify is Evolving and What to Know

In recent times, the mandatory use of E-Verify has become a significant point of discussion, with states like West Virginia and Iowa taking steps towards making it a requirement for employers.

What is E-Verify?

E-Verify, an Internet-based system, ensures the accuracy and legality of the employment eligibility verification process by comparing information from an employee's Form I-9 to records held by the U.S. Department of Homeland Security and the Social Security Administration.

The Push for Mandatory E-Verify

In West Virginia, the House of Delegates recently passed House Bill 4759, proposing mandatory E-Verify usage for state employers with 15 or more employees. If enacted, this requirement may come into effect on January 1, 2025. The bill emphasizes the need for small employers to verify new employees' information within three days of hiring, aiming to maintain a legal workforce and prevent the hiring of undocumented individuals.

Iowa, too, is revisiting the idea of mandatory E-Verify, with a significant number of Republican state senators supporting a bill that may soon undergo legislative scrutiny. As the issue gains traction, 25 out of 34 senators have already signed on, and the bill could soon progress to the Judiciary Committee.

National and Remote Implications

Florida set the precedent last year when Governor Ron DeSantis made E-Verify mandatory for employers in the state. Additionally, presidential candidate Nikki Haley has voiced intentions to mandate E-Verify on a federal level, aligning it with her platform on immigration and border security.

The surge in remote work has added a new dimension to E-Verify and Form I-9 Compliance. A recent federal rule allows employers enrolled in E-Verify to virtually examine work authorization and identification documents required for Form I-9, simplifying the process for companies hiring remotely.

The Future with E-Verify NextGen

E-Verify is set to introduce a groundbreaking development in 2024: E-Verify NextGen. This internet-based service integrates Form I-9 and the E-Verify employment eligibility verification process, providing a seamless collaboration between employers and newly hired employees.

Benefits of E-Verify NextGen features empower employees to input their personal information and documents, ensuring enhanced privacy and security. Employers can anticipate improved efficiency and a decrease in data entry errors. Additional features include:



• Direct Notifications of Employment Status: Employees receive immediate notifications for most cases, eliminating the need for further action to determine employment eligibility. This may also alleviate the responsibility of employers to issue Further Action Notices in many instances.
• Seamless Transition of Verification Status to New Employment: Employees can seamlessly share their employment eligibility status through E-Verify with new employers

To access NextGen, employees will need to create a secure electronic account in myE-Verify. Upon accepting a job offer, they will receive a unique link to the NextGen case generated by their employer. Logging in or creating an account, employees will input their biographic information, citizenship or immigration status, and the necessary documents. Once the employee submits this information, E-Verify will confirm identity and employment eligibility, notifying the employer. The verification process concludes as the employer examines the documents and retains the Form I-9. It's important to note that this process may undergo changes as NextGen continues to develop.

Accessing NextGen for Employers:

Employers can access NextGen through their established E-Verify account. After extending a job offer, and upon the employee's acceptance, the employer will initiate a NextGen case within E-Verify. This enables the employee to electronically share personal information and documentation via their secure myE-Verify account. The employer, in turn, reviews the provided information, examines the Form I-9 documents, and signs and retains the Form I-9. As NextGen evolves, this process may also see modifications. You can also check out this new video from E-Verify.

As we move forward, the evolving landscape of E-Verify, coupled with the introduction of NextGen, is poised to bring enhanced efficiency and accuracy to the employment eligibility verification process. Stay tuned for updates and explore the evolving features of E-Verify to stay compliant in this dynamic regulatory environment.

Form I-9 platform Integrations and E-Verify

The adoption of electronic Form I-9 systems that integrate with E-Verify has become a customary practice for organizations aiming to enhance compliance and streamline processes. Despite the prevalence of I-9 software providers offering E-Verify integrations, a closer look reveals that a majority lack genuine I-9 compliance features and robust capabilities. The use of certain electronic I-9 solutions may result in a cumbersome and non-compliant process, exposing companies to potential fines and operational inefficiencies.

GryphonHR offers a comprehensive I-9 compliance platform crafted to assist employers in adhering to current Form I-9 regulations. The platform includes advanced E-Verify capabilities and features, aiming to minimize legal risks and streamline processing times. Explore a demo highlighting GryphonHR's E-Verify integration features or get in touch with us for more information.