E-Verify is not required if you have fewer than 35 employees. However, you must periodically audit your employment verification records to ensure proper completion. The Department of Labor and Workforce Development has been actively auditing E-Verify compliance for employers with at least 50 employees.
In Tennessee, the definition of ‘employee’ includes and counts those under the same FEIN. This means that employers, who may have fewer than 35 workers in Tennessee but have over 35 employees under the same FEIN are also subject to E-Verify starting January 1, 2023.
What is E-Verify?
E-Verify is the federal electronic database to help employers confirm that their new hires have provided valid documentation to establish lawful employment eligibility. Federal law doesn’t mandate its use except for federal contractors, but states have passed their own mandates.
Tennessee started phasing E-Verify in 20212 with legislation requiring most local employers to review and maintain certain identification documents or use E-Verify. From 2017, all Tennessee employers must demonstrate that they’re hiring and maintaining a legal workforce per the Tennessee Lawful Employment Act (TLEA).
New provisions in 2023
The Tennessee law will also have these new provisions by January 1, 2023:
· If you have fewer than 35 employees or do not have internet access but want to use E-Verify, the office of employment verification assistance can enroll you in E-Verify or perform work authorization status checks. Here are more provisions to know:
· Employees cannot bring a state cause of action for discrimination based on national origin if their employer discovers that they are not authorized to work in the US through E-Verify and decides to discharge them based on those grounds.
· Those using E-Verify may be protected from state claims of retaliatory or wrongful discharge if the employer does not know that an employee is not authorized to work in the US
Check with the best immigration lawyer in Manhattan for more information on E-Verify. A corporate immigration attorney will also work with you to resolve any employment issues you might have with some employees.
