LEX VINI

Using E-Verify to Ensure the Legality of Your Winery Workforce

03/08/11

E-Verify is the federal government’s electronic employment verification system. It is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States. The E-Verify system is operated by the Department of Homeland Security in partnership with the Social Security Administration. It is free to employers and is limited to determining the employment eligibility of new hires only.

While certain members of Congress have introduced bills attempting to require all employers to use the E-Verify system, participation in E-Verify today is voluntary for most businesses. However, some companies are required by state law or federal regulation to use E-Verify. For example, most employers in Arizona and Mississippi are required to use E-Verify, and E-Verify is also mandatory for employers with certain federal contracts. California currently does not require employers to use E-Verify.

The federal government through the Department of Homeland Security (“DHS”) has initiated the “I E-Verify” program where businesses that have voluntarily adopted the use of the E-Verify program are recognized on a DHS-created list. The list is intended to boost the stature of the participating employers with immigration-conscious customers.

Link to Dept. of Homeland Security E-Verify Page for Employers

For more information or assistance on employment or labor issues, please contact Jen Phillips at [email protected]