For employers who use or plan to use E-Verify, we recommend the following actions to ensure compliance with the government program and avoid disruptions in their operations:

1. Strategize. It can be difficult logistically for employers with multiple sites in multiple states to roll out the E-Verify program. Most importantly, will every site enroll in E-Verify? Which sites will be required by law to register? Who will make the determination as to which sites will be included? Employers should consider infrastructure issues, including computer compatibility with the E-Verify interface.

2. Timing Issues. How long will it take to train your HR representatives? Employers planning to launch E-Verify by January 1, 2009 to comply with a state-imposed E-Verify law should be training HR representatives now.

3. Training. The employer’s Immigration Compliance Policy should require that E-Verify training occur at least annually—more often if there is frequent turnover in HR personnel. Access to the E-Verify system should not be enabled until training has taken place. Employers should train backup staff to handle time-sensitive notices and procedural steps required by the E-Verify Memorandum of Understanding (MOU) to accommodate vacations, illness, etc.

4. Audit. Employers should self-audit at least once per year to ensure that the organization’s E-Verify users are in compliance with the E-Verify rules set forth in the MOU with the government as well as the E-Verify User Manual. Audits should examine whether E-Verify posters are clearly posted at hiring areas in English and Spanish. Are HR representatives timely notifying new hires about Tentative Non-Confirmations and enforcing deadlines required by the MOU?

5. Manage Expectations. Many newly hired employees, especially U.S. citizens, have not previously had to comply with E-Verify requirements. New employees and their prospective managers often have difficulty understanding why the new employee must go to the Social Security Administration to clear up his or her records. Managers and executives must be educated as to the obligations and penalties imposed by the MOU that the employer has entered into with Homeland Security and the Social Security Administration.