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On February 9, 2012 the U.S. Citizenship and Immigration Services (USCIS) announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands.
The program was launched in March 2011 by Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas, with the goal of expanding Self Check nationally within one year.
Since the initial launch in March, approximately 67,000 people have used Self Check and anticipation that participation will dramatically increase with service now available to individuals across the country.
Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.
. . . and now for the rest of the story.
FAQ’s for Self Check:
May I require my employees, or potential employees, to use Self Check?
No. You may not require your employees or potential employees to use Self Check under any circumstances. Requiring applicants to provide proof of their employment authorization before establishing an employment relationship is known as “pre-screening” and it may constitute a violation of the anti-discrimination provision of the Immigration and Nationality Act. Additionally, you may not require an employee, once hired, to use Self Check. You may use the E-Verify program to verify the work eligibility of hired employees. More information about E-Verify can be found here.
If a new employee has used Self Check, does a Form I-9 still need to be completed?
Yes. A “work authorization confirmed” from Self Check does not take the place of the Form I-9 requirement. Newly hired individuals must still fill out Section 1 of the Form I-9 and present unexpired work authorization documents. You, as the employer, must examine the documents presented and fill out Section 2 of the Form I-9.
If a new worker has used Self Check, must I still create a case in E-Verify for that employee?
Yes. If your company participates in E-Verify you must create a case in E-Verify for all newly hired individuals, including those who may have used Self Check. Self Check does not provide users with a work authorization credential. Please remember that you can never under any circumstance require a worker (current or potential) to use Self Check.
If Self Check shows that an employee is authorized to work, am I protected from any future claims that I hired an unauthorized worker?
No. Self Check does not create a legal presumption that the employer has not violated immigration law.
Credential Check is the nextgen of background checks and drug testing, streamlining your hiring process from job requisition – backgrounds – hire packet. Contact Michael Pachuta, President, at 888.689.2000 or michael.pachuta@credentialcheck.com. Visit their website for more information.
