The Social Security locking mechanism is the latest in a series of changes or enhancements to E-Verify to curb identity fraud in response to a December, 2009 independent audit report, which revealed that over 50% of unauthorized workers were confirmed as work-authorized in E-Verify. Other improvements included matching photographs on certain federal documents with photographs in government databases, incorporating driver's license information from a handful of participating state departments of motor vehicles, and allowing employees to check their own work authorization before applying for employment.
E-Verify's susceptibility to identity fraud along with the anti-discrimination provisions under federal immigration law often put employers in a difficult position of not being able to ascertain identity lest they be charged with immigration-related employment discrimination. Employers are advised to follow strictly the E-Verify guidelines as provided in USCIS manuals and memorandum of understanding with the employers. Should the employer encounter situations where identity fraud is suspected notwithstanding E-Verify's confirmation, please consult immigration counsel regarding appropriate next steps.
Should you have any questions about this alert or E-Verify generally, please contact your designated Fragomen professional.
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