E-Verify does not "go back" a certain number of years to perform a traditional historical background check; its sole purpose is to verify an individual's current employment eligibility in the United States.
E-Verify is a system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows employers to electronically confirm the employment eligibility of their newly hired employees.
How E-Verify Works
When an employer uses E-Verify, they input information from an employee's Form I-9, Employment Eligibility Verification, into the system. E-Verify then compares this data against millions of government records from DHS and SSA to confirm if the employee is authorized to work in the U.S.
- Purpose: To ensure that employees are legally authorized to work in the United States.
- Information Used: Primarily Name, Date of Birth, Social Security Number, and Alien Registration Number (if applicable) as provided on Form I-9.
- Outcome: E-Verify quickly provides a result, typically "Employment Authorized" or a "Tentative Nonconfirmation" (TNC) if there's a mismatch, which the employee can then resolve.
E-Verify vs. Traditional Background Checks
It's crucial to understand that E-Verify is not a comprehensive background check that delves into an individual's past activities such as criminal history, credit records, or driving history.
Traditional employment background checks, which are separate from E-Verify, do review historical information. The scope of these checks and how far back they can go often depends on the type of information being checked, the job position, and state laws.
For instance, regarding criminal history:
- General Limitations: For many types of employment background checks, there are limits on how far back certain adverse information can be reported.
- State-Specific Rules: Some states, like California, have specific legal mandates regarding the reporting of criminal convictions. For example, a conviction generally cannot be reported if it is older than seven years. Furthermore, arrests that did not lead to a conviction cannot be reported at all, regardless of how much time has passed. These restrictions are in place to ensure fair hiring practices and to give individuals a chance to move past old offenses.
To summarize the distinction:
| Feature | E-Verify | Traditional Background Checks (e.g., Criminal History) |
|---|---|---|
| Primary Purpose | Verify current employment authorization | Assess past conduct, qualifications, and reliability |
| Information Reviewed | Identity, Social Security #, Immigration # | Criminal records, education, employment history, credit |
| Timeframe Scope | Focuses on present eligibility | Can go back several years, often with legal limitations |
| Government Agencies | DHS, SSA | Various local, state, and federal courts; educational institutions; credit bureaus |
For more information on E-Verify, visit the official USCIS E-Verify website.
