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E-verify alerts may affect employment immigration situations

Immigrants and employers in Georgia and throughout the United States are obligated to abide by U. S. immigration law when it comes to hiring workers and seeking employment as a non-citizen. The employment immigration process is complicated, and those submitting applications or reviewing them from an employer-standpoint are advised to seek clarification through experienced guidance when questions arise. Keeping certain points in mind may help avoid potential problems.

E-verify, a system meant to help employers weed out fraudulent documents, sometimes issues a tentative non-confirmation against an employee. This has caused problems, even for some who are U.S. citizens or otherwise approved for work in the United States. Workers who believe their employment has been terminated based on an E-verify query alone may have grounds for filing discrimination complaints. All employers should provide employees the opportunity to correct any issues that arise during the E-verification process.

All workers who are U.S. citizens, as well as those who are refugees, asylees and nationals are protected against discrimination based on citizenship status. An employer's right to question a worker regarding need for export licenses and other status information differs for those in these categories than those considered non-citizens. If an employee believes he or she has been subject to wrongful questioning or terminated unlawfully, an investigation can be launched alongside experienced guidance to assess the situation.

Rejection of valid forms or original documents may be deemed discriminatory. An experienced attorney can assist anyone seeking employment immigration guidance in Georgia. Problems involving I-9 forms and other work documents are often more easily resolved with the help of an immigration lawyer.

Source: workforce.com, "5 Ways to Manage the Workplace Immigration Process", Avalyn C. Langemeier, Kari Blackman, Oct. 10, 2016

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