How can SWAs use E-Verify if E-Verify can only be used after a worker is hired?
USCIS regulations at 8 CFR § 274a.2 apply to employers and require employers to complete Form I-9 within three days of hire. The E-Verify MOU used by employers prohibits employers from utilizing E-Verify to verify employment eligibility of a worker before that worker is hired and/or before the employer completes Form I-9. In contrast, USCIS regulations at 8 CFR § 274a.6 apply to SWAs and allow SWAs to complete Form I-9 prior to referral. DOL is entering into a separate MOU with DHS and SSA whereby SWAs may participate in E-Verify with responsibilities different from those under which employers or designated agents operate. This MOU will allow SWAs to utilize E-Verify to verify employment eligibility of workers prior to referral.
