You need e-verify enrollment if you ever want to hire OPT STEP employees.
While e-verify enrollment is easy and fast, you can do it in less than an hour online, it is the ongoing compliance where I wanted to extra sure about as I am working towards e-verify enrollment for my business.
I Am sharing below a high level ‘AI generated’ breaking down the hiring process changes after e-verify enrollment for employers. It used the 17 page MOU* pdf for context.
The overview simplifies what you need to know about changes in hiring procedures for 1) 1099 contractors 2) STEP OPT employees (1099 or W2) 3) UsualW2 full time employees
* reminder that this was AI generated. So take it with a grain of salt. Please leave a comment if anything stands out. We can review and refine this.
* MOU - Memorandum of Understanding is the 17 page public pdf from USCIS & e-verify.gov on guidance and procedures for employers
E-Verify Requirements Summary
General Requirements for All Hires
Display E-Verify participation and Right to Work notices prominently
Safeguard all E-Verify access and information
Do not use E-Verify for pre-employment screening
1. Hiring 1099 Contractors
E-Verify generally not required
Best practice: Consider using E-Verify to ensure compliance
Caution: Liability if you have knowledge of unauthorized work status
2. Hiring OPT Extension Intern on 1099
Consult immigration attorney (OPT students typically employees, not contractors)
If using E-Verify:
Create case within 3 business days of start date (after Form I-9 completion)
Follow all E-Verify procedures as for employees
3. Hiring W-2 Employees
a. Complete Form I-9 within 3 business days of start date
b. Create E-Verify case within 3 business days of start date
c. If "Employment Authorized":
Record verification number on Form I-9 or attach printout
d. If Tentative Nonconfirmation (TNC):
Notify employee privately and promptly
Provide TNC notice and referral letter
Allow employee to contest or not contest
If contested, refer to SSA or DHS as instructed
Continue employment during process
Check E-Verify for case updates
e. Do not take adverse action during pending E-Verify case
f. May terminate employment upon Final Nonconfirmation
Key MOU Points
Create E-Verify case only after job acceptance and Form I-9 completion
Use E-Verify for all new hires, not selectively
Allow employees to contest TNCs without adverse action
Keep all E-Verify information confidential
Ensure all E-Verify users complete required tutorials
Note: E-Verify use establishes a rebuttable presumption against knowingly hiring unauthorized aliens, but does not provide complete "safe harbor" from worksite enforcement.
Important: Consult with a legal professional for official guidance and to ensure full compliance with current regulations.
Share this post
E-Verify Requirements Summary
Share this post
You need e-verify enrollment if you ever want to hire OPT STEP employees.
While e-verify enrollment is easy and fast, you can do it in less than an hour online, it is the ongoing compliance where I wanted to extra sure about as I am working towards e-verify enrollment for my business.
I Am sharing below a high level ‘AI generated’ breaking down the hiring process changes after e-verify enrollment for employers. It used the 17 page MOU* pdf for context.
The overview simplifies what you need to know about changes in hiring procedures for 1) 1099 contractors 2) STEP OPT employees (1099 or W2) 3) UsualW2 full time employees
* reminder that this was AI generated. So take it with a grain of salt. Please leave a comment if anything stands out. We can review and refine this.
* MOU - Memorandum of Understanding is the 17 page public pdf from USCIS & e-verify.gov on guidance and procedures for employers
E-Verify Requirements Summary
General Requirements for All Hires
Display E-Verify participation and Right to Work notices prominently
Safeguard all E-Verify access and information
Do not use E-Verify for pre-employment screening
1. Hiring 1099 Contractors
E-Verify generally not required
Best practice: Consider using E-Verify to ensure compliance
Caution: Liability if you have knowledge of unauthorized work status
2. Hiring OPT Extension Intern on 1099
Consult immigration attorney (OPT students typically employees, not contractors)
If using E-Verify:
Create case within 3 business days of start date (after Form I-9 completion)
Follow all E-Verify procedures as for employees
3. Hiring W-2 Employees
a. Complete Form I-9 within 3 business days of start date
b. Create E-Verify case within 3 business days of start date
c. If "Employment Authorized":
Record verification number on Form I-9 or attach printout
d. If Tentative Nonconfirmation (TNC):
Notify employee privately and promptly
Provide TNC notice and referral letter
Allow employee to contest or not contest
If contested, refer to SSA or DHS as instructed
Continue employment during process
Check E-Verify for case updates
e. Do not take adverse action during pending E-Verify case
f. May terminate employment upon Final Nonconfirmation
Key MOU Points
Create E-Verify case only after job acceptance and Form I-9 completion
Use E-Verify for all new hires, not selectively
Allow employees to contest TNCs without adverse action
Keep all E-Verify information confidential
Ensure all E-Verify users complete required tutorials
Note: E-Verify use establishes a rebuttable presumption against knowingly hiring unauthorized aliens, but does not provide complete "safe harbor" from worksite enforcement.
Important: Consult with a legal professional for official guidance and to ensure full compliance with current regulations.