EVerify: Background

1
E-Verify Background

• Formerly known as the Basic Pilot Program
• Partnership between DHS SSA and administered by
  USCIS
• Web-based employment verification program allows
  employers to electronically verify employment
  eligibility of employees for new hires
• Prohibited from using to screen applications or
  reverify existing employees
• Free of charge to employers in all 50 states
• Mostly voluntary

2
E-Verify Required? Federal Contractors

• Bush issued new Executive Order on June 9, 2008
  requiring use of E-Verify as condition of each
  future federal government contract
• Now executive departments agencies that enter
  into contracts must require contractors
  agreement to use E-Verify for
• All persons hired by the contractor and
• All persons assigned by contractor to perform
  work w/in U.S. on the federal contract

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E-Verify Federal Contractors, cont.

• Contractor means any individual or other legal
  entity that
• (1) Directly or indirectly (e.g., through an
  affiliate), submits offers for or is awarded, or
  reasonably may be expected to submit offers for
  or be awarded, a Government contract, including a
  contract for carriage under Government or
  commercial bills of lading, or a subcontract
  under a Government contract or
• (2) Conducts business, or reasonably may be
  expected to conduct business, with the Government
  as an agent or representative of another
  contractor.

4
E-Verify Participation Registration

• Choice of 3 access methods
• Employer can perform verification queries for
  each individual hiring site or centrally for
  various/all sites
• Corporate Administrator for additional
  oversight of all hiring sites
• Designated Agent to perform verifications for
  client company
• How to Register
• Go to www.vis-dhs.com/EmployerRegistration
• Select the Sign Up link follow instructions
• Must electrically sign Memorandum of
  Understanding (MOU) with DHS and SSA
• Read user manual and complete web-based tutorial
• Designated employees authorized to use system
  must also complete online training

5
E-Verify How the Program Works

• Complete I-9 form for new employee w/in first 3
  days of employment
• After I-9 completed, E-Verify user must enter
  information directly from I-9 form

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(No Transcript)
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E-Verify How The Program Works

• System queries SSA and DHS databases to verify
  identity and employment eligibility
• SSA first verifies name, SSN, date of birth
• SSA also confirms citizenship if worker stated
  he/she is a U.S. citizen
• USCIS verifies noncitizens employment
  eligibility
• Initial verification returns 1 of 3 results
• Employment authorized
• SSA Tentative Non-Confirmation or
• DHS verification in process

8
E-Verify Results What They Mean

• Employment Authorized
• If SSN provided by employee matches
  SSA records
  immigration documents
  (if applicable) match CIS
  records immediate confirmation
• User must record system generated verification
  on the I-9 or print screen w/ transaction
• Tentative Non-Confirmation (TNC)
• If SSA unable to verify workers records
• DHS Verification In Process
• Receive notice of employment authorization
  or DHS Tentative
  Non-Confirmation
  (usually w/in 24 hrs.)

9
E-Verify TNC Process

• User must print
  non-confirmation
  notice
• Worker has right to contest
  finding w/ SSA or USCIS,
  so
  employer must
• Review TNC with employee
• Inform employee of right to contest have both
  parties sign
• If worker chooses to contest, additional steps
  required
• If worker chooses not to contest, considered a
  final non-confirmation employer may terminate
  employee

10
TNC Case Resolution If Employee Contests

• Employer must make referral to SSA/DHS through
  E-Verify website
• Print provide Referral Notice to employee
• Contains info about resolving TNC contact info
• Both parties must sign
• Employee takes notice to appropriate agency to
  resolve Employee has 8 federal workdays from date
  of Referral to contact SSA/DHS
• Agency updates system w/ result in 2 business
  days
• 10-day period not made until employer makes
  Referral
• If additional time necessary, employer receives
  Case in Continuance notice

11
E-Verify Case Resolution

• Employer may not take adverse action against
  employee during appeal process unless obtains
  independent knowledge that employee lacks work
  authorization
• If employer continues to employ
  worker after Final Non-Confirmation
• Employer must inform DHS via E-Verify
• Monetary penalty up to 1,000 for failure to
  notify
• Employer subject to rebuttable presumption that
  it knowingly employed unauthorized alien

12
E-Verify MOU Employer Obligations

• Employer enters into detailed MOUS with SSA
  DHS
• Rebuttable presumption if use E-Verify and
  confirm identity employment eligibility
• Employer obligations under MOU include
• Will use E-Verify only after employment offer
  accepted I-9 completed for worker
• Will use E-Verify only to verify new employees
  eligibility
• Will apply E-Verify for ALL new hires w/in 3 days
  of hire
• Will display DHS-supplied notice of
  E-Verify
  participation Office of Special
  Counsel DOJ-supplied
  Anti-Discrimination
  Notice in prominent place clearly visible
  to
  job applicants

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E-Verify More MOU Obligations

• Will only Accept List B ID documents w/
  photograph
• Will carefully comply w/ employer
  responsibilities related to tentative
  nonconfirmation (TNC) process, including
• Follow up on TNCs
• No adverse action while employee challenging TNC
  without 10 day review by DNS/SSA unless obtains
  independent knowledge
• Will permit DHS or SSA to make periodic visits
  to review E-Verify related records
• Will record E-Verify authorization results
• Participation is not confidential
• Can terminate program only after 30 days notice
• Good-faith compliance with E-Verify requirements
  may protect employer from civil criminal
  penalties regarding hiring unauthorized workers

14
E-Verify Benefits

• Verification usually within seconds
• I-9 forms archived for easy retrieval
• Electronic confirmation reduces likelihood of
  receiving No-Match letter from SSA or DHS
• Extending OPT of F-1 student employees
• Presumption that employer has not knowingly hired
  unauthorized workers if only retains employees
  who DHS confirms
• Now, maybe most importantly, safe harbor under
  S.C. Illegal Immigrant Reform Act

15
E-Verify Drawbacks

• Must train ( re-train) point person to use
• Database errors causing incorrect results
• Backlogs cause newly authorized citizens not yet
  added to come up as unauthorized
• Estimated that 4 of citizen records 10 of
  noncitizen records have discrepancies
• Must permit DHS/SSA inspections audits
• USCIS provides TNC Final Non-Confirmation info
  to ICE
• Encourages audits, worksite enforcement raids,
  and other employer sanction investigations