E-Verify:What does it mean to my Business?

Nebraska MarketPlace 2014

www.dhs.gov/E-Verify

Agenda

E-Verify - The Big Picture

E-Verify Enrollment and Use

Additional Information

February 2014E-Verify Overview 2

E-Verify – The Big PictureWhat 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 Overview February 2014

E-Verify is not…

…a system that provides immigration status

…used for prescreening

…a safe harbor from worksite enforcement

What is E-Verify?

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Why use E-Verify?

Ensures a legal workforce

Protects jobs for authorized workers

Deters document and identity fraud

Works seamlessly with Form I-9

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6

Enacted legislation requiring mandatory use of E-Verify for all

employers

Enacted legislation requiring various

public entities/contractors

to use E-Verify

Enacted legislation requiring only public contractors to use E-

Verify TX

CO

GAAZ

MN

OK

ID

NC

IL

AR

IN

K

MI

MO

SCMS

IAWY

UT

ALLA

NJNE

OR

TN

CA

PA

N

OHVA

CT

MD

WI

FL

State E-Verify Requirements

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Nebraska LegislationOn October 1, 2009, LB 403 was enacted. LB 403 requires:

All state agencies and public employers to register and use E-Verify. All contractors and subcontractors working on public contracts are required to register and use E-Verify.

All state agencies to verify the lawful residency status of all applicants for public benefits by participating in the SAVE (Systematic Alien Verification for Entitlements) program.

All employers that apply for tax incentives under the Nebraska Advantage Tax Incentives Acts are required to verify employment authorization for all new employees by using E-Verify.

LB 569 – Bill introduced on January 19, 2011, to require all employers register and participate in E-Verify

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The Growth of E-Verify

FY 01 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY11 FY12 FY13 FY140

40,00080,000

120,000160,000200,000240,000280,000320,000360,000400,000440,000480,000520,000

1,064 1,704 2,144 3,478 5,899 11,47424,480

87,758

156,659

226,528

292,000

404,228

476,882

507,970

Cumulative Employers Enrolled

More than 25 million cases run in FY 2013

As of February 1, more than 8.3 million cases run in FY14

Employers in every industry, state and U.S. territory

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Performance Work Authorized instantly or within 24 hours

1.19% Employees not confirmed work eligible

0.22% Initial mismatches later confirmed work authorized

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I-9 Process I-9 process with E-Verify

Employee completes Form I-9, Section I. Employee must include Social Security Number when completing Form I-9, Section 1.

If an employee provides email address, the employer MUST enter into E-Verify.

Employee chooses which acceptable document(s) to present.

Employee chooses which acceptable document(s) to present.

If a List B document is chosen, it MUST have a photo.

If an employee decides to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9.

Employer completes Form I-9, Section II. Employer completes Form I-9, Section II.

If necessary, employer updates or reverifies employee’s work eligibility in Section III.

E-Verify Case Status will prompt employer to update or reverify in Section III of Form I-9.

NOTE: All documents must be unexpired. Names should appear on Form I-9 exactly as they appear on documents. No nicknames should be used.

Form I-9 and E-Verify

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Photo Match

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

Employer cannot specifically request one of these documents

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.

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E-Verify Enrollment and UseHow to Enroll - At www.dhs.gov/E-Verify

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Enrollment Resources

• How to Enroll Video• Enrollment Quick Reference Guide

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Access Methods

Allows E-Verify users in your company to electronically verify the employment eligibility of newly hired employees and existing employees assigned to a federal contract.

E-Verify Employer

Agent

Corporate Administrator

Employer

Allows you to create, manage and administer new and existing E-Verify accounts as well as create and view reports.

Does NOT allow you to create cases

Select this access method if your company creates cases for client companies.

Web Services

Requires a company to develop software that interfaces with E-Verify.

Web Services for Employers

or

Web Services for E-Verify Employer Agents

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Verification Location/Hiring Site & User Roles

E-Verify 16

Required Posters – Must Be Visible to Prospective Employees

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When to Verify?

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You must enter Form I-9

information into E-Verify for all

newly hired employees no later

than the third business day

after the employees’ start date.

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How does E-Verify work?

SSA TNCDHS

Verification in Process

Employment Authorized

February 2014E-Verify Overview

Initial Results

Initial verification will return one of three results in just seconds.

The employee is authorized to work.

Employment Authorized

There is an information mismatch.

SSA Tentative Nonconfirmation

DHS Verification in Process

DHS will usually respond within 24 hours

with either:

Employment Authorized

or DHS Tentative

Nonconfirmation.

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Creating an E-Verify Case

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From Section One of the employee’s Form I-9, choose the correct option

Click on “New Case” or “Verify Employee”

Creating a Case (con’t)

Indicate the documents provided to you for Section 2 of the employee’s Form I-9

If you select that the employee provided B and C documents, the following screen will appear

E-Verify Overview 21February 2014

Records and Information from DMVs for E-Verify (RIDE)

RIDE E-Verify can now verify driver’s

license or state ID data.

No Photo Match at this time

Launched in June 2011 with Mississippi as the first DMV partner for this project.• 2012 - Florida (December) • 2013 - Idaho (July) and

Iowa (September)

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Case Creation Screen

Enter the employee’s biographic information as it was input in Section 1 of Form I-9• Required fields asterisked

E-mail address field • Optional field on Form I-9

Visit Email Notification Page

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Employer Action Record Case Verification

Number on Form I-9 and/or print out the case details and attach to Form I-9

Ensure the information in E-Verify matches the employee’s Form I-9

Case Results/Closing a Case

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What is a Tentative Nonconfirmation (TNC)?

A TNC means that information from an employee’s Form I-9 did not match government databases.

Note: It may not mean an employee is unauthorized to work or is present in the United States unlawfully. There are legitimate reasons why an employee may receive this result.

Common reasons for TNCs:Social Security number (SSN) does not matchIdentification document could not be verifiedCitizenship or immigration status changedName change was not reportedName entered on I-9 is different than recorded in government databasesInformation was not entered correctly in E-Verify

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Handling a TNC Employers should print the TNC Further Action Notice and review it with the

employee promptly and privately. Employees have the right to contest or not contest a TNC. Employees who choose to contest should be provided the Referral Date

Confirmation.

Both the TNC Further Action Notice & Referral Date Confirmation are available in 18 languages: Foreign Language Resources

CONTEST

Employer refers employee to appropriate agency.

NOT CONTEST

Employer may terminate the employee and close

the case in E-Verify.

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Handling a TNC

You should check E-Verify periodically for one of the following responses:

Review and Update Employee Data

Final Nonconfirmation

Employment Authorized

Case in Continuance DHS Verification in Process

DHS No Show

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Handling a TNC

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E-Verify Overview 33February 2014

FREE online service available in English and Spanish that lets job seekers make sure their records are accurate BEFORE an employer checks their employment eligibility

Available nationwide to all citizens and non-citizens more than 16 years old

Self Check does not take the place of the employer’s E-Verify case

Employers cannot require their employees or prospective employees to use Self Check

For more information on Self Check, visit www.uscis.gov/everifyselfcheck

www.uscis.gov/selfcheck/espanol

Self Check

E-Verify Employers Search Tool*

Launched December 18, 2012

Searchable database

Search and view

Employers that actively use E-Verify system

* The search tool only includes employers and federal contractors who have self-reported that their company has five or more employees.

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Recent Enhancements

Updated MOUs

E-Verify Fraud Alert

Samples of the Courtesy E-Verify E-mails employees may receive:• TNC notification• TNC case referred (SSA or DHS)• TNC reminder (SSA or DHS)• Advise to update SSA records

Monitoring and Compliance Webpage

Employee Rights Toolkit

Employers Search Tool

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Stay Up to Date Subscribe to e-Newsletter E-Verify

Connection

• Write SUBSCRIBE in the subject line to E-VerifyOutreach@dhs.gov

To get email updates, subscribe to:• www.uscis.gov/I-9Central • www.dhs.gov/E-Verify • www.uscis.gov/SelfCheck

Submit an idea: E-Verify Listens

Follow us on:

E-Verify blogs

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Educational Videos

How to Enroll Video How to Create a Case

Civil Rights (Request copies by emailing E-Verify@dhs.gov.): • Employee Rights and Responsibilities• Employer Responsibilities and Worker Rights

View the videos at: www.dhs.gov/E-Verify or www.youtube.com/ushomelandsecurity

NEW: Employee Rights Toolkit

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The anti-discrimination provisions of the INA are enforced by:Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices

Employees may contact the Office of Special Counsel (OSC) to obtain additional information regarding employment discrimination and employee rights and responsibilities* 1-800-255-7688 (TDD: 1-800-616-5525)

Employers may also contact OSC* 1-800-255-8155 (TDD: 1-800-362-2735)

*callers may remain anonymous

See OSC’s “Employer Dos and Don’ts.”

Office of Special Counsel (OSC)

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Customer Service

E-Verify received the highest rating for customer service of all federal agencies. (2012 American Customer Satisfaction Survey)

Employer Hotline: (888) 464-4218

Employee Hotline: (888) 897-7781

Form I-9 E-Mail: I-9Central@dhs.gov

E-Verify E-Mail: E-Verify@dhs.gov

Form I-9 Website: www.uscis.gov/I-9Central

E-Verify Website: www.dhs.gov/E-Verify

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Visit us at Booth #9

THANK YOU!February 2014E-Verify Overview 40

Mark Nolley Janelle Herres

Management & Program Analysts

United States Citizenship and Immigration Services

Mark.Nolley@dhs.gov Janelle.Herres@dhs.gov