Question:  If I have employees in other states do I have to report them on E-Verify as well?

Answer:  It depends!  If you are a larger employer, over 25 employees, you must sign up using the Federal system.  You are allowed to select only the states or regions that you want to or are required to; however, each state has its own laws and regulations so if you aren’t sure you may need to consult with an immigration attorney.  Carol Armstrong is one such attorney and her website is:  http://www.adgloballaw.com/attorneys.htm.  If you have fewer than 25 employees, you can sign up through the Alabama Department of Homeland Security.  This is more of a middle man role for Alabama and you may still need to verify employees in other states.

 

Question:  Does this replace I-9 Forms?

Answer:  No.  I-9 Forms are still required before an employee starts to work.  This electronic process is in addition to the already required forms including the Alabama New Hire reporting program.  Many other states have New Hire reporting programs as well.  Make sure you are following their requirements too.

 

Question:  I don’t have any employees and don’t plan to have any employees.  Do I need to sign up?

Answer:  Not at this time.  If you do hire employees, you will need to sign up then.

 

Question:  I have employees but I don’t plan to hire any new employees.  Do I need to sign up?

Answer:  Yes!  You meet the definition of an employer and you need to sign up.

 

Question:  Are Contract Laborers employees for the purposes of E-Verify?

Answer:  No. However be careful about classifying workers.  See our brochure on how to classify workers if you need assistance with this process.  You can’t change all of your employees to contract labor to avoid E-Verify.

 

Question:  Do I report all of my employees.

Answer:  Report only NEW employees.  You should not report current or existing employees.

 

We know this process is frustrating and can be confusing.  Do make sure you sign up by April 1st if you are required to and do make sure that if you have complex situations to consult with an immigration attorney.