May I require my employees, or potential employees, to use Self Check? No. You may not require your employees or potential employees to use Self Check 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 anti-discrimination provision of the Immigration and Nationality Act. Additionally, you may not require an employee, once hired, to use Self Check. You may use the E-Verify program to verify the work eligibility of hired employees. More information about E-Verify can be found here: www.dhs.gov/E-Verify. There is also a link to the E-Verify site in the right navigation bar.
If a new employee has used Self Check, does a Form I-9 still need to be completed? Yes. A “work authorization confirmed” from Self Check does not take the place of the Form I-9 requirement. Newly hired individuals must still fill out Section 1 of the Form I-9 and present unexpired work authorization documents. You, as the employer, must examine the documents presented and fill out Section 2 of the Form I-9.
If a new worker has used Self Check, must I still create a case in E-Verify for that employee? Yes. If your company participates in E-Verify you must create a case in E-Verify for all newly hired individuals, including those who may have used Self Check. Self Check does not provide users with a work authorization credential. Please remember that you can never under any circumstance require a worker (current or potential) to use Self Check.
If Self Check shows that an employee is authorized to work, am I protected from any future claims that I hired an unauthorized worker? No. Self Check does not create a legal presumption that the employer has not violated immigration law.