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Be prepared for more audits of your E-Verify process

October 2025 employment law letter
Authors: 

Charlie Plumb, McAfee & Taft

We’re witnessing more of an emphasis on immigration enforcement, which is increasingly being felt by employers and involves a noticeable uptick in federal agency inquiries directed at workplaces. With more of a focus on employers’ compliance with immigration requirements, audits of employers’ E-Verify programs are on the rise, and companies should be prepared to respond when facing a review.

What is E-Verify?

E-Verify is a Web-based system administered by the U.S. Department of Homeland Security and the Social Security Administration that’s designed to confirm new hires are authorized to work in the United States. Participation in E-Verify is mandatory for federal contractors and voluntary for all other employers.

After completing Form I-9 and checking the identity and work authorization documents provided by new employees, an employer enrolled in the E-Verify program can electronically check whether the information matches other governmental records. The E-Verify process acts as another level of verification aimed at identifying errors and preventing unauthorized individuals from working in the United States.

Generally, the employer opens an E-Verify case and submits the information within three business days after a new employee begins work. After submitting a case to E-Verify, the business will be notified whether the individual is authorized or unauthorized to work or more information is needed.

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