E-Verify is a free, web-based system operated by the U.S. Department of Homeland Security (DHS) that helps participating employers confirm their workers are eligible for employment in the United States. The system cross-checks an employee’s I-9 information against records in the DHS and Social Security Administration databases to verify the individual’s identity and employability status.
Participation in E-Verify can be mandatory or voluntary, depending on various factors. For example, some states require all employers in the state to use E-Verify. Many federal contractors are also required by their contracts to participate. Other employers can choose to participate voluntarily for their own protection.
Whether you participate by choice or by force, if you use E-Verify, you are required to display E-Verify posters in your workplace.
What Employers Needs to Know About E-Verify Posters
There are two mandatory employee postings for E-Verify participants:
1. The E-Verify poster (issued by the DHS), and
2. The Right to Work poster (issued by the Department of Justice).
Together, these posters explain an employee’s rights regarding the program, as well as steps to take in the event E-Verify cannot confirm authorization to work.
Both the E-Verify poster and Right to Work poster must appear in English and Spanish, even if you do not have any Spanish-speaking employees. They should be displayed in an area easily accessible to job applicants and any other employees who will have their employment eligibility verified with E-Verify. Popular locations include break rooms, entrance areas, lounges and near time clock stations.
It’s important to display the most current E-Verify poster and the Right to Work poster at all times. The content of the posting do change from time to time, and outdated postings can introduce legal risk as well as government fines. In addition, the DHS recommends providing a copy of the posters with job application materials, either online or in hard copy.
E-Verify Poster Management Made Simple
Managing increasingly complex labor law posting requirements requires familiarity and constant contact with the government agencies responsible for their administration. One way to reduce the burden is to enroll in a reputable poster replacement service.