Employers & Self Check

Here are tips to remember:

• You may NOT require your employees or potential employees to use Self Check or myE-Verify under any circumstances.
  • Requiring applicants to provide proof of their employment authorization before they accept an offer of employment is known as “pre-screening” and it may constitute a violation of the anti-discrimination provision of the Immigration and Nationality Act.
  • You may not require an employee, once hired, to use Self Check or myE-Verify. Use E-Verify to confirm a new employee’s work authorization.

• You always need to complete a Form I-9.
  • Even if your new employee has used Self Check or myE-Verify, you and your employee still need to complete Form I-9, Employment Eligibility Verification. A new employee’s “work authorization confirmed” result from Self Check or the employee’s use of myE-Verify does not replace your responsibility to complete and retain the employee’s Form I-9. Your new employees must still fill out Form I-9 Section 1. For Section 2, your new employees must present unexpired and acceptable identity and work authorization documents that you must physically examine and use to fill out Form I-9 Section 2.

• You must create a case in E-Verify for all new employees if you participate in  E-Verify.
  • If your new employee has used Self Check or myE-Verify, you still must create a case in E-Verify for that employee. Neither Self Check nor myE-Verify provide users with a work authorization credential.

• Self Check does not protect you from future claims that you hired an unauthorized worker.
  • An employee’s use of Self Check does not create a legal presumption that you have not violated immigration law. This is true even if Self Check shows that an employee is authorized to work.