What Is EVerify

1

Overview Basic Training
2
What is E-Verify?

• E-Verify is an online system designed to
  electronically verify employment eligibility.
• E-Verify represents a partnership between the
  Department of Homeland Security and the Social
  Security Administration and is overseen by the
  U.S. Citizenship and Immigration Services.

3
What is the advantage in using E-Verify?

• E-Verify links directly to Social Security data
  and other federal databases.
• E-Verify helps employers to determine the
  employment eligibility of their employees and the
  validity of their Social Security numbers.

4
What if the employee does not have a Social
Security Number?

• HR assigns a dummy SSN and enters the hire
  data.
• The law requires the employee to apply for a
  valid SSN.
• Once a valid SSN is received, the E-Verify
  query can be initiated.

5
To Whom Does the E-Verify Process Apply?

• All new hires and re-hires at the University of
  Arkansas.
• Includes student employees.
• Includes temporary employees.

6
Important facts for Employers

• Employers may not use E-Verify selectivelyall
  new hires for a participating employer must be
  verified.
• Employers may not use E-Verify as a
  pre-screening tool for applicants or prospective
  employees.

7
also

• Generally, an employer may not attempt to verify
  an employee hired before the MOU was signed.
• Verification of employees through E-Verify is
  limited to new hires only.

8
Employer Responsibilities

• Employers must display notices supplied by DHS in
  a prominent place clearly visible by prospective
  employees.
• Employers must provide to the SSA and DHS the
  names, titles, addresses, and telephone numbers
  of all designated E-Verify representatives.

9
What information is verified?

• Employee name
• Date of birth
• Alien or I-94, if applicable
• Citizenship Status attested to on Form I-9

10
also

• Document type(s) submitted in support of the I-9
• Proof of identity and expiration dates, if
  applicable.
• IMPORTANT NOTE E-Verify does not replace the
  requirement to complete an I-9 form for all
  employees within three days of hire.

11
New I-9 Requirements

• All List B documents submitted in support of
  the Form I-9 are now limited to those which bear
  a photograph.
• IMPORTANT NOTE Remember that employers may not
  request specific types of documentation for I-9
  or e-Verify purposes.

12
E-Verify Access

• Each user will receive a User ID and password.
• Passwords must be protectedthey should never be
  written down or shared with anyone.
• Passwords expire every 90 days.

13
E-Verify Access

• After 3 unsuccessful log-in attempts, the user
  account will be locked.
• If a user account is locked down, the user must
  contact a Program Administrator, who will be able
  to unlock the account.

14
When does verification take place?

• A query may not be initiated prior to acceptance
  of an offer of employment or prior to completion
  of the Form I-9.
• Data may only be submitted for verification upon
  receipt of the completed I-9 and supporting
  documentation.
• An E-Verify query must be initiated within 3
  business days after the employees actual start
  date.

15
Who will be authorized to conduct online
verifications?

• Key Users from each major unit, designated by
  Deans, Directors and Department Heads, will be
  the primary point of contact and will also
  perform queries.
• Key Users, with input from Deans, Directors and
  Dept. Heads, will recommend General Users, who
  may also perform queries.

16
Who will be authorized to conduct online
verifications?

• HR has assigned Program Administrator
  responsibility to all members of its Employment
  Unit.
• All verifications for non-resident aliens will be
  initiated by Jonathan Nelson, the Universitys
  NRA Taxation Specialist.

17
What responses can be expected?

• EMPLOYMENT AUTHORIZED
• Indicates that employment eligibility has been
  verified and the employee is authorized to work.
  The verification number is recorded on the Form
  I-9 and the case is considered resolved.

18
What responses can be expected?

• SSA TENTATIVE NON-CONFIRMATION
• Indicates that the employees Social Security
  information could not be verified. Employee must
  be notified of the Tentative Non-Confirmation
  response and referred to SSA to contest the
  finding.

19
What responses can be expected?

• DHS VERIFICATION IN PROCESS
• Indicates that information provided to the SSA
  matches information contained in SSA records for
  a non-resident. Case must be referred to DHS to
  be resolved. DHS should respond within 24 hours,
  but no later than 3 business days with either a
  finding of Employment Authorized or DHS Tentative
  Non-Confirmation.

20
In the event of a Tentative Non-Confirmation

• The employee can contest the finding.
• However, if the employee chooses not to contest
  the finding, it is considered a Final
  Non-confirmation and the employee may be
  terminated and the case closed.

21
and

• The employer must notify the employee, as soon as
  possible, to provide him an opportunity to
  contest the Tentative Non-Confirmation with SSA
  or DHS.
• The employee must be allowed to continue working
  during the verification process.

22
and

• The employee must be provided a copy of the
  Notice to Employee of Tentative
  Non-Confirmation.
• The employer must review the Notice with the
  employee.
• The employee must provide written confirmation of
  his/her choice to contest.
• The Notice must then be signed by both parties.

23
finally,

• The original Notice should be filed with
  employees I-9.
• The employee must be given a copy of the signed
  Notice.
• It is the employers responsibility to refer the
  employee to the appropriate agency to contest the
  finding.

24
Referring an employee to the SSA

• If an employee contests the SSA Tentative
  Non-Confirmation, the employer must refer the
  employee to the Social Security Administration to
  resolve any discrepancies.
• The employee must be given a referral letter with
  specific instructions.
• The employee has 8 federal workdays from the
  referral date to contest.

25
Referring an employee to the SSA

• The E-Verify query will be resubmitted 10
  workdays following the referral date.
• If verified, the employee will continue to work.
• If not verified, the result is considered a Final
  Non-Confirmation, the employee will be terminated
  and the case closed.

26
Resolving Cases

• Case resolution is the final step in the E-Verify
  process. All users must periodically review case
  details and ensure that cases are properly
  resolved and closed. Resolving cases removes
  case details from the user screens and provides
  essential statistics to DHS.

27
Important Notice 1

• It is imperative that all involved in the
  employment process, including E-Verify users,
  understand that an employee must not face any
  adverse employment consequences unless and until
  a final nonconfirmation is issued.
•  

28
Important Notice 2

• Employment should be immediately terminated upon
  receipt of a final nonconfirmation. Failure to
  do so will result in a presumption that the
  employer knowingly employed an unauthorized
  alien, as well as civil fines of 500 to 1,000
  for each incident in addition to existing I-9
  sanctions.