On August 1st, E-Verify will begin deactivating user IDs that have not been accessed for 270 days. This announcement was apparently prompted by USCIS’ anticipated changes to the user requirements. On May 20, 2016, USCIS published a 30-day notice in the Federal Register inviting public comment on proposed changes to the E-Verify program. Among the proposed changes, are revisions of the notifications to employees and employers of Tentative Nonconfirmation (TNC) results. In anticipation of these changes, E-verify has announced that steps will be taken to review user accounts. If an account has not been used in the past nine months, it will be closed. USCIS is urging employers to avoid deactivation of user IDs by logging in to E-verify now and then subsequently logging in at least once every 270 days. Companies should also review their accounts and terminate user IDs for administrators who no longer need access to the E-verify account.
E-verify was started in 1996 with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act. The system allows employers to submit information from a potential employee’s Form I-9, Employment Eligibility Verification, through a multi-step process online to determine employment eligibility. The Internet-based system compares information from the employee’s Form I-9 to data from the U.S Department of Homeland Security and the Social Security Administration records to confirm employment eligibility. E-verify use has increased exponentially in the last five years. The program is mandatory for employers to some extent in over 20 states and in general for most government workers. It is also mandatory for federal contractors and under certain circumstances for their sub-contractors. As USCIS continues to enhance this program for nationwide use, employers can expect additional amendments to the regulations, the memorandum of understanding and the interface with government agencies.