Since July 1, 2013, E-Verify has become mandatory in North Carolina for all private employers with 25 or more employees in North Carolina. The Monitoring and Compliance Branch of the United States Citizenship and Immigration Services has published guidance on the correct use of E-Verify in its E-Verify Self-Assessment Guide for E-Verify Direct Access Users. The most frequent problem areas during the E-Verify process are identified as:
- Creating duplicate cases for the same employee
- Verifying an employee who was hired before 11/07/1986
- Immediately terminating employees whose E-Verify submission results are a tentative nonconfirmation (TNC)*
- Failing to create a case by the 3rd day after the employee has commenced work for pay
- Creating cases for employees who were hired before the employer enrolled in E-Verify
- Not reviewing acceptable documents
- Not reviewing a document containing a photo
Additionally, to assist new and even experienced E-Verify users, the E-Verify Users Manual, provides a walk-through of the E-Verify process with sample documents an employer can compare with the documents the employee has chosen to present. Since the list of acceptable documents and their appearance can change, it is important for an employer to have a recently downloaded copy of the Manual on hand to compare the employee’s documents with examples found in the Manual.
* Beginning September 8, 2013, E-Verify will replace the current TNC Notice and Referral Letter with a Further Action Notice and Referral Date Confirmation. The new 1-page Referral Date Confirmation will be generated for the employer to give to their employee and will include the deadline for the employee to contest the case.