Is E-Verify a Background Check?

Courtesy of the 1986 Immigration Reform and Control Act, businesses nationwide are required to both verify and authenticate their employees’ legal eligibility to work in America. The legally required document which helps verify an employee’s eligibility to work is the Form I-9. An often-required complement to the Form I-9 is the E-Verify system. While both components deal with the legality of work eligibility, neither the Form I-9 nor E-Verify constitutes a criminal background check.

The Form I-9 is a legal document provided by the government that must be completed by both employers and employees within the proper timelines stated on the form. The form gathers important personal information from the employee regarding work eligibility, requires employers to verify identification documents provided by the employee, and handles proper documentation for eligibility follow up and rehires. The Form I-9 cannot be utilized to perform a background check.

E-Verify is, in some cases, an optional add-on service that complements the Form I-9. The system allows enrolled employers to match employees’ Form I-9 information against records accessible by the Department of Homeland Security and the Social Security Administration. E-Verify is not to be used for a background check as it only verifies work eligibility and does not review a potential employee’s criminal history.

A company that requires its employees to have a legal work eligibility status and a background check should be Form I-9 compliant, consider utilizing E-Verify, and do a thorough background check or hire an employment screening service.