Subject: Social Security E-Verify Process
Question:
Can you help me understand who/which employers are required to use the e-verify
process/system for employee social security numbers? Thanks.
Answer:
At present, the required use of E-Verify is limited to employers with certain federal or
state contracts. Those employers with an E-Verify participation contract requirement
are generally given notice in the contract language. If the organization has state or
federal contracts, or serves as sub-contractor to such contracts and the contracts are
not clear about E-Verify participation we could assist with contract review to determine if
E-Verify is required. Note, certain contracts do not expressly refer to E-Verify, and only
reference the Federal Acquisition Regulations (FAR) that impose an E-Verify
requirement on the government contractor. Unfortunately, some federal or state
contracts have erroneously claimed the E-Verify clause applies, despite a clear legal
exemption.
We further note, for the health care industry the receipt of federal funds through
Medicaid or Medicare does not mandate E-Verify participation. In fact, most health care
employers are not required to participate in E-Verify. However, many employers have
voluntarily decided to enroll in the E-Verify program and once that voluntary election has
been made, for the most part, all new hires must have U.S. employment authorization
confirmed through the E-Verify program.
All questions are answered by a Miller Johnson attorney.
Disclaimer: By submitting a question, a MHHRA member understands that no attorney-client relationship is
created, that the legal advice is of a limited nature, and that there is no expectation by either the member or the
attorney that the attorney will provide continuing representation in the matter. Further, the member understands
that, ordinarily, there would be no systematic check for conflicts of interest and that no conflict of interest would
arise unless the responding attorney actually knew of an existing conflict of interest. Finally, participation in the
program by a member or the responding attorney would not preclude Miller Johnson from undertaking or
continuing representation of a client with interests adverse to a member utilizing the MHHRA website service.