Compliance – Page 4 – Valley All States

The Great E-Verify Divide: Understanding Employer and Agent Distinctions

The current and prospective employees of a company are subject to the same set of policies and procedures related to E-Verify. The company has to implement the policies uniformly, irrespective of their role. Employees must be treated equally under the law, and discrimination is prohibited.

E-Verify is an online system operated by the Department of Homeland Security in partnership with the Social Security Administration. It helps employers determine the eligibility of their employees to work in the United States. E-Verify is not mandatory for all employers, but it is required for some, such as federal contractors and those in certain states.

An employer who uses E-Verify directly must:
* Enroll in the program directly with USCIS.
* Create and manage E-Verify cases themselves.
* Ensure their internal staff are trained on E-Verify procedures.
* Display required E-Verify and Right to Work posters.
* Retain all E-Verify records in-house.
* Bear full responsibility for compliance and potential liability.

An E-Verify employer agent, such as Valley All States Employer Service, acts as a third-party administrator for an employer’s E-Verify needs. When using an agent, the employer typically:
* Provides Form I-9 data to the agent.
* Relies on the agent to create, submit, and manage E-Verify cases.
* Receives communication about case results and guidance on handling Tentative Nonconfirmations (TNCs) from the agent.
* Still has ultimate liability for E-Verify compliance, but shares operational responsibility with the agent.
* Benefits from the agent’s expertise, time savings, and reduced administrative burden.

The key distinction lies in *who* directly interacts with the E-Verify system and manages the day-to-day tasks. Both methods require adherence to E-Verify rules and the proper completion of Form I-9, but the agent provides a streamlined, often expert-led, service for employers who prefer to outsource this function.