The city of Fremont, Nebraska, has passed an ordinance requiring all private businesses (and city contractors) within the city limits to use the E-Verify system. Other portions of the ordinance were recently struck down by the federal court, but the portion of the ordinance requiring use of E-Verify was upheld. The city will require compliance by May 4, 2012.

Approximately 3,000 of Fremont’s businesses will be required to double-check the citizenship status of every new employee. An appeal of the decision has been made, but for the present time employers in Fremont are advised to comply with the law.

In Nebraska, it is already mandatory for public employers and public contractors to use E-Verify for their employees and all subcontractors. A public contractor means any contractor (and includes his or her subcontractors) who is awarded a contract by a public employer for the physical performance of services within the State of Nebraska.

A business entity may register online at USCIS E-Verify. A business entity that applies for any contract, loan, grant, license, or permit from the City after March 5, 2012, must provide documentation that the business entity has registered in the E-Verify program and must execute an affidavit stating that the business entity does not knowingly employ any person who is an unauthorized alien.

The E-Verify system is an internet-based process that compares information from an employee’s employment eligibility verification form (Form I-9) to data from U.S. Department of Homeland Security and Social Security Administration records to confirm authorized employment eligibility.

If you are one of the businesses required to use the E-Verify system, you will need to know what information to acquire from new employees in order to conduct an E-Verify initial verification. After hiring a new employee and completing the employment eligibility verification form required for all new hires (regardless of E-Verify participation), the employer must submit a query that includes information from the Form I-9, including:

  • Employee’s name and date of birth,
  • Social Security Number (SSN),
  • Citizenship status he or she attests to,
  • A number or I-94 number, if applicable,
  • Type of document provided on the Form I-9 to establish work authorization status, and
  • Proof of identity and its expiration date, if applicable.

Response to the initial query is sent within seconds of submitting the query.

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