The USCIS recently introduced E-Verify+, which aims to streamline the employment eligibility verification by combining Form I-9 and E-Verify into a seamless digital process. E-Verify+ has employees complete their Form I-9 directly through E-Verify, thereby reducing the burden on employers. The USCIS has been working on E-Verify+ for a couple of years, although it was previously referred to as E-Verify NextGen.

In some ways, E-Verify+ stems from the flexibilities introduced for Form I-9 completion during the pandemic and the new alternative procedures using virtual verification for reviewing an employee’s documentation. In both instances, the USCIS loosened its rules from the strict in-person-only viewing of documentation and completing the Form I-9.

Background of E-Verify

Before getting into the specifics of how E-Verify+ operates, let’s revisit how E-Verify began. E-Verify was introduced in 1997 as the Basic Pilot Program, which requires the Social Security Administration (SSA) and USCIS to conduct employment verification. On the federal level, it has always been voluntary for employers except for federal contractors that were awarded a federal contract of $150,000 or more with a Federal Acquisition Regulation (FAR) E-Verify clause or subcontractors with a contract of $3,500 or more. Nine states—Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah—have made E-Verify mandatory for all employers meeting jurisdictional standards, while many other states have made E-Verify mandatory if contracting with state government.

Although sometimes confused by employers, E-Verify has always been separate and distinct from the I-9 process. However, there are elements of each that are duplicative, which is a common criticism of the current system.

E-Verify+ Is Voluntary

E-Verify+ is voluntary and, currently, employers must be invited by USCIS to join the program. Initially, on May 29, 2024, the USCIS selected fewer than 10 employers to be the pilot participants of E-Verify+. USCIS will continue to incrementally release E-Verify+ throughout 2024. As of October 18, 2024, there are at least 278 employers enrolled. In its initial rollout, E-Verify+ is available only to individual employers that use E-Verify, not to E-Verify Employer Agents, Web Services or federal contractors using FAR E-Verify.

E-Verify+ – How Does an Employer Enroll?

To enroll in E-Verify+, an employer logs into its E-Verify account, where it will see a banner inviting it to enable E-Verify+. After the employer reviews and agrees to Terms of Service—a legally binding contract describing an agreement between parties—the employer’s E-Verify program administrators and general users will attest that they have viewed a brief training video.

How Does E-Verify+ Work?

After an employer makes a job offer and the employee accepts that offer, the employer will initiate an E-Verify+ case in E-Verify by clicking on “Cases” on the home page and selecting the E-Verify+ option for creating a new case. Thereafter, the employer enters the employee’s basic information on the “Create New Case Screen” and the system will email a link to the employee to complete the Form I-9.

After the employee receives the email from E-Verify+ listing the employer, the employee views the instructions to create or log into a myUSCIS Account. From their myUSCIS Account, the employee may click on E-Verify+, accept the Terms of Service, and access their Form I-9. The employee enters their information in Section 1 of the Form I-9 and attests to Section 1 by electronically signing it. Thereafter, the employee chooses their documentation, enters the documentation information, and uploads images of the documentation, which will populate in Lists A or B and C of Section 2 of the Form I-9.

Once the employee submits that information, they will get immediate notification in most cases, either confirming that they are “Employment Authorized,” or receiving a “Tentative Non-confirmation” indicating some discrepancy between the entered data and government records. The direct notification from the E-Verify+ system to employees is intended to be faster and more confidential, allowing for swifter case resolution.

In mismatch cases, they’ll receive information about what further action is needed to confirm employment eligibility, such as an issue with their Social Security number. Once the case result is final (employee’s mismatch is resolved as Employment Authorized or as a Final Non-confirmation), the system will notify both the employer and employee of the case result.

E-Verify+ will update the case status to “Ready to Review” and the employer will review the information in Section 1. At this point, the employer will review the documentation, either physically in person or remotely via live video, if the employer is using the alternative procedure, virtual verification.

The employer then attests to the information in Section 2 of the Form I-9, by electronically signing and dating it. Thereafter, the employer prints and retains all pages or downloads the Form I-9 and the supporting documentation that the employee presented.

Potential Benefits and Detriments of E-Verify+

The potential advantages of E-Verify+ for employers include:

• Manages the Form I-9 process and E-Verify from one location – the employer’s E-Verify account.
• Eliminates the current E-Verify system, which requires all documentation uploading through the employer; now, employees will manage this work.
• Downloads employees’ Form I-9 and supporting documentation directly from the employer’s E-Verify account.
• Increases efficiency in the Form I-9 process by having fewer data entry errors.
• Reduces the employer’s burden by direct delivery of Further Action Notices/mismatches to employees via their E-Verify account.

The potential disadvantages of E-Verify+ for employers include:

• Data is being initially stored with the government without the employer's interaction.
• The government has a lot of employer/employee information of which the USCIS can mine for violations and refer to the Immigrant and Employee Rights (IER) Section of the Department of Justice for investigation of unfair documentary practices – this is the same objection as with E-Verify.
• Potential referral to other government agencies for investigations.  
• ICE apparently has not blessed this system so we don’t how they are going to view E-Verify+ audit trails.  

The advantages of E-Verify+ for employees include:

• Allows employees to save their own personal information and documents in their E-Verify+ account to be used for future E-Verify+ employers. Thus, employee will only need to update, if necessary, their information and complete the E-Verify+ process with the new employer.
• Protects employees’ rights to select their preferred documentation.
• Employees receive more control and security over their personal information.

ICE Enforcement of E-Verify+

Since it is a new program, we are uncertain how the Immigration and Customs Enforcement (ICE) will treat E-Verify+ in its enforcement of Form I-9 compliance. One potential sticking point is audit trails. ICE has, at times, been very leery of electronic I-9 systems because they may not meet ICE’s “never defined” standards for audit trails. E-Verify+ is clearly an electronic I-9 system but employers will not be able to view audit trails within the E-Verify+ system. It seems very unlikely that ICE would find a system created by the USCIS to be non-compliant. Stay tuned on this issue.

Conclusion

Employers that are invited into E-Verify+ are advised to speak to their immigration compliance counsel as to whether it is right for them.