Updates to E-Verify and the “RIDE” Program Coming Your Way

On June 12, 2011, the U.S. Citizenship and Immigration Services (“USCIS”) released the latest version of the E-Verify web user interface addressing many common interface complaints its users brought up.  It should be available to all employers within six months.

The biggest addition to E-Verify is its RIDE program.  Initially, RIDE will be released as a pilot program, with only the state of Mississippi participating.  During this pilot program, Mississippi’s Department of Motor Vehicle (“DMV”) database of drivers’ licenses and permits will work side-by-side with E-verify to verify state issued documents. RIDE stands for Records and Information from DMVs for E-Verify.  The RIDE program has been implemented to detect identity fraud when an identity thief presents the documents of his victim.  In the past, USCIS had a photo-match tool for “green cards,” employment authorization documents, and passports.  However, 19 out of every 20 cases submitted to E-Verify dealt with drivers’ licenses, drivers’ permits, and state-issued identification cards.

RIDE will give employers the ability to validate drivers’ licenses, drivers’ permits, and state-issued identification cards against MVA data of Mississippi.  E-Verify sends information to MVA, which then determines if the employee matches her documentation.  The employer will not see the MVA record, only the final response given by E-Verify.  In case of a RIDE mismatch, the employee must call a USCIS status verifier and fax a copy of the document to establish identity.

Additionally, E-verify now permits an employer to list a future date as the date of hire.  In the past, E-Verify would not permit an employer to record a future date of hire in its system for fear of condoning illegal pre-screening of job candidates.  However, this tied the hands of employers when they hired employees for future start dates but wished to complete their I-9 and E-Verify cases immediately.  E-Verify has been changed to allow for the recording of hire dates up to one year in advance.

Data validation has been improved under the new E-Verify interface.  For example, in the past, employers presented with US Passport Cards or foreign passports with proper I-94 documentation would have difficulty entering the requisite nine-digit passport number into the E-Verify system because of the disparate numbering systems.  Now US Passport numbers can be between 6 and nine alpha-numeric characters, and visa numbers can be eight alpha-numeric characters.

Stay tuned for I-9 and E-Verify updates to ensure your company is properly complying with the law.

Daniel N. Ramirez is a named partner at Monty & Ramirez, LLP. He is board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Daniel's Contact Information:

Email: dramirez@montyramirezlaw.com

Telephone: 281.493.5529

Website: http://www.montyramirezlaw.com