By Bruce Buchanan, Siskind Susser

The Monitoring and Compliance (M&C) Branch of U.S. Citizenship and Immigration Services (USCIS) is tasked with monitoring the employers who use E-Verify. In recent years, the number of compliance actions or referrals that M&C has sent to enforcement agencies has dramatically increased. When an employer is alleged to have misused the E-Verify system, M&C either refers that information to the Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices and/or the U.S. Immigration and Customs Enforcement (ICE), or conducts its own “compliance actions”.

Below is a chart of M&C compliance activities for the period of FY2011 through FY2014:

As you can see, the number of referrals made to the OSC and/or ICE have increased over ten-fold from 86 to 909. Compliance actions which include emails, telephone calls, desk reviews and site visits by M&C more than doubled from 42,072 to 86,934.

A desk review is conducted by the M&C Branch if a standard review of a company’s E-Verify usage indicates it may be experiencing difficulties with the system. Companies selected for a desk review provide M&C Branch with E-Verify employment-related documents, such as copies of TNC notices, referral letters, and procedures for processing I-9 forms and E-Verify cases. M&C Branch reviews and analyzes these documents and then advises the employer on how to correct any problems.

A site visit can occur when the M&C Branch contacts an E-Verify participant if its records show a participant appears to be experiencing issues when using E-Verify. During a site visit, M&C Branch provides compliance assistance by discussing its observations with the participant. It also advises on how to properly follow E-Verify procedures.

These statistics are enough to give any employer pause as to whether they want to utilize E-Verify, if they are in a state where E-Verify is not required or they are not a federal contractor already obligated to use FAR E-Verify.

ABOUT THE AUTHOR: Bruce Buchanan is an attorney with the law firm of Siskind Susser P.C. - - a full service U.S. immigration law firm representing employers and individuals nationwide for over 20 years. You can also follow Bruce on social media via Facebook and on Twitter @BuchananVisaLaw .