Friday, November 30, 2012
What is E-Verify?
Electronically verifies the employment eligibility of
*Newly hired employees
*Existing employees assigned to work on a qualifying federal contract
Free web-based service
Fast and easy to use
Partnership between the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA)
E-Verify is not…
…a system that provides immigration status
…used for prescreening
…a safe harbor from worksite enforcement
Who Uses E-Verify?
More than 401,00 employers are enrolled to use E-Verify at more than 1.2 million hiring sites
More than 2,000 new enrollments per week
More than 20 million cases created to date in FY 2012
More than 17 million cases created in FY 2011
Employers in every industry, state and U.S. territory
98.3% Work Authorized instantly or within 24 hours
How to enroll: www.dhs.gov/E-Verify under Start Here, click Enroll in E-Verify
Required Posters – Must Be Visible to Prospective Employees
What is a Tentative Nonconfirmation (TNC)?
A TNC means that information from an employee’s Form I-9 did not match government databases.
Common reasons for TNCs:
Social Security number (SSN) does not match.
Identification document could not be verified.
Citizenship or immigration status changed.
Name change was not reported.
Name entered on I-9 is different than recorded in government data bases.
Information was not entered correctly in E-Verify.
Handling a TNC
Employees should be informed of the TNC promptly.
Employer should print the TNC Notice and Referral Letter and review it with the employee.
Employees have the right to contest or not contest a TNC.
Handling a TNC Employee Rights
The employee has eight federal government workdays from the referral date to visit or call the appropriate agency to start to resolve the discrepancy.
The employee continues to work during the TNC resolution process.
During the TNC process, the employer should not take any adverse action against the employee.
Allows you to match the photo on a document to the photo that DHS has on file for that employee
Employment Authorization Document (Form I-766)
Permanent Resident Card, AKA “green card”(Form I-551)
U.S. Passport or Passport Card
Photo Match helps detect document fraud.
Do not request specific documents in order to activate E-Verify photo matching; but if an employee chooses to provide one of the above documents, you are required to make a photo copy of the document and retain it with the Form I-9.
Use E-Verify to pre-screen employment applicants
Use E-Verify selectively; you must use E-Verify for all new hires
Influence or coerce an employee’s decision whether to contest a TNC
Terminate or take adverse action against an employee who is contesting a TNC
Ask for additional documentation after obtaining a TNC for an employee
Follow all rules and guidelines outlined in the E-Verify Memorandum of Understanding
Things to Remember
E-Verify cannot be used to verify existing employee unless you are a Federal Contractor with FAR E-Verify Clause.
Form I-9 must be completed before a case can be created in E-Verify.
E-Verify cases must be created no later than the third business day after the employees’ start date.