You may NOT require your employees or potential employees to use Self Check or myE-Verify under any circumstances.
Requiring applicants to provide proof of their employment authorization before establishing an employment relationship is known as “pre-screening” and it may constitute a violation of the antidiscrimination provision of the Immigration and Nationality Act.
You may not require an employee, once hired, to use Self Check or myE-Verify. You may use the E-Verify program to verify the work eligibility of hired employees. You can find more information about E-Verify here: www.dhs.gov/E-Verify. There is also a link to the E-Verify site in the side navigation bar.
You always need to complete a Form I-9. If your new employee has used Self Check or myE-Verify, you still need to have the employee fill out Form I-9. A “work authorization confirmed” from Self Check does not replace the Form I-9 requirement. Neither does a new employee’s use of myE-Verify. Your new employees must still fill out Form I-9 Section 1and present unexpired work authorization documents. You must examine the documents presented and fill out Form I-9 Section 2.
You must create a case in E-Verify for all new employees if you participate in E-Verify. If your new employee has used Self Check or myE-Verify, you still must create a case in E-Verify for that employee. Neither Self Check nor myE-Verify provide users with a work authorization credential.
Self Check does not protect you from future claims that you hired an unauthorized worker. An employee’s use of Self Check does not create a legal presumption that you have not violated immigration law. This is true even if Self Check shows that an employee is authorized to work.