E-Verify

Federal law prohibits employers from hiring or continuing to employ an unauthorized alien. The work status of new employees can be verified using the Electronic Verification Program (E-Verify ), administered by the U.S. Department of Homeland Security in partnership with the Social Security Administration. Conducting an E-Verify query involves matching to government records a social security number and other information reported on Form I-9, Employment Eligibility Verification.

E-Verify can only be used after an individual accepts an offer of employment and after the new hire and employer complete Form I-9, Employment Eligibility Verification. Employers must initiate a search on E-Verify within three business days of the new hire's actual start date. E-Verify cannot be used to verify the work eligibility status of existing employees. If an employer elects to use E-Verify, it must be used to verify the work status of all new hires, regardless of national origin or citizenship, and may not be used selectively.

As with all current employee-verification programs, E-Verify is not completely accurate. An employee has recourse available if he or she is legally documented to work in the U.S. but the employer receives a final notice of nonconfirmation of work eligibility for the employee through E-Verify. Visit the U.S. Citizenship and Immigration Services Web site, and click on For Employees for more information.

For information about the employee's identity documents presented for Form I-9, Employment Eligibility Verification, visit www.uscis.gov. Useful information is also available on the Guide to State and Federal Employment Verification Laws.

It is unlawful for an employer to:

Hire, recruit, or refer for a fee, for employment in the United States, an alien, knowing the alien is an unauthorized alien;
Hire, recruit, or refer for a fee, for employment in the United States, an individual without verifying the employment eligibility status of the individual through completion of the Employment Eligibility Verification Form I-9, or its successor form;
Continue to employ an alien in the United States, knowing that the alien is or has become an unauthorized alien; or
While using the E-Verify program, refuse to hire, discharge, promote, or demote a person, harass a person during the course of employment, or discriminate against a person in matters of compensation, on the basis of the person's disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry, pursuant to section 24-34-402, C.R.S.

For more specific information regarding the E-Verify program and its requirements and use, employers should consult 8 U.S.C. Sec. 1324a.