E-Verify Site Visits Expected Soon

Get ready for a new guest at the dinnertable. Although not formally announced (and not confirmed by the DHS) we understand the Monitoring and Compliance (M&C) branch of E-Verify plans to expand its "outreach" activities.

During the past year M&C sent letters to employers in instances where E-Verify believed there were misuses relating to the system or where they just wanted to help" employers improve compliance. For example, companies that had habitual E-Verify queries completed outside of the 3-day window may have received a friendly note from USCIS. Clearly, M&C wants to be invited to this dinner party. Now the question is, should there be a seat at the table for them? M&C is charged with monitoring non-compliant behaviors including:

1. Fraudulent use of alien number and social security number by E-Verify users;
2. Verification of existing employees (as opposed to new hires);
3. Verification of job applicants, rather than new employees;
4. Selectively using E-Verify for verifications based on foreign appearance, race/ethnicity, or citizenship status;
5. Failure to use E-Verify, consistently or at all, once registered; and
6. Unauthorized use of E-Verify information.

The point is site-visits may assist M&C in determining whether businesses are compliant. So, work with me here, M&C shows up at your door to conduct a site visit, and let's just pretend you are a very-very-very bad company (like one of those egregious employers we hear ICE talk about). What happens? Who punishes you? Are you sent upstairs without dessert? Are you told not to come back to the table until you can behave?

Seriously, is your E-Verify MOU revoked thereby exposing you to other misfortunes? Federal contractors that cannot participate in E-Verify cannot work under certain federal contracts without a waiver. Loss of E-Verify will also be problematic for companies in certain states. This is truly serious business. But that's not all I worry about. As a result of the site visit, could M&C invite other unwanted guests to your party, such as ICE and the Office of Special Counsel?

At this time we are unsure whether advance notice will be provided to companies prior to a site visit and whether counsel may be present during the meeting. Anything's possible, don't be late, dinner is served promptly at 7pm. Call me for your compliance planning including E-Verify review and how to handle an M&C visit, as well as any other type of fraud detection visit from DHS.