Justifacts Form I-9 / E-Verify Process

Transcription

1 Justifacts Form I-9 / E-Verify Process Justifacts Credential Verification, Inc. Last Revised on 6/19/2013

2 Table of Contents Overview... 3 Electronic I-9 Process... 3 E-Verify Process... 3 Communication Options for Tentative Non-Confirmation... 4 Notifying an Employee of a Tentative Non-Confirmation... 4 Contesting a Non-Confirmation Notice... 5 Notice to Users Justifacts Credential Verification, Inc 5250 Logan Ferry Road Murrysville, PA Phone (800) Fax (412) No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission of Justifacts Credential Verification, Inc. Under the law, reproducing includes translating into another language or format. Justifacts Credential Verification, Inc. retains the title, and ownership of, all proprietary rights with respect to the software contained within its products. Every effort has been made to ensure that the information in this training document is accurate. Information in this document is subject to change without notice. Justifacts Form I-9 E-Verify Process Justifacts Credential Verification, Inc. 2

3 Overview The E-Verify program is a computer system, maintained by the Department of Homeland Security (DHS), used to verify the I-9 information provided by new employees. The system uses the employee name, DOB, SS# and citizenship status to determine the eligibility of the employee to work in the United States. Electronic I-9 Process The first step in competing an I-9 verification is to provide Justifacts with the information contained on the completed I-9 form. This information includes the name, DOB, SS#, date of hire, citizenship status and which documents were provided by employee. The I-9 can be started from an existing background check (recommended, as it will pre-populate the applicable information in the form) or creating a new request from scratch. The information is first reviewed and completed by the employer before being provided to the employee. Once this has been done, the applicant must indicate the details of and provide their appropriate forms of identification as defined by the I-9 requirements. The details of the identification can be completed in person directly on the online system or remotely through the use of an ed link to the employee. The employee will indicate all of the details of their identification and also has the ability to upload the scans of the ID s at that time. Once that has been completed, the employer or employer s designated representative must review the identification provided by the employee and make copies of each (if not already done by the employee). Once that is completed and signed by both the employer and employee using our online signature process, the information is now ready to submit to the E-Verify system. E-Verify Process After the I-9 information has been submitted to E-Verify, it is compared to both the DHS and Social Security Administration (SSA) databases. The E-Verify system then produces the following six possible results: Employment Authorized Review and Update Employee Data SSA Tenative Nonconfirmation DHS Tentative Nonconfirmation Photo Matching Required Justifacts Form I-9 E-Verify Process Justifacts Credential Verification, Inc. 3

4 1) Employment Authorized indicates that employment eligibility is verified and the employee is authorized to work in the United States. 2) Review and Update Employee Data The information given on the Form I-9 may be read incorrectly due to poor handwriting, typos, etc. 3) SSA Tentative Nonconfirmation indicates that the information furnished could not be verified with the SSA. The employee must be notified of the response and the employee must be referred to SSA if he/she wants to contest the results. 4) DHS Tentative Nonconfirmation indicates that the information provided to the SSA matches the information contained in the SSA records, but the SSA is unable to confirm the work eligibility of a non-citizen employee. The employee must be notified of the response and the employee must be referred to DHS if he/she wants to contest the results. 5) Photo Matching Required Photo matching is an automatic part of creating a case in E- Verify that prompts employers to compare an employee's photo ID with a photo displayed in E-Verify. This helps ensure that the document provided is valid. The photo matching step happens automatically. This may occur you create a case for an employee who has presented a U.S. Passport, Passport Card, Permanent Resident Car (Form I-551) or an Employment Authorization Document (Form I-766) for his or her Form I-9 documentation. When the employee presents one of these documents and the Form I-9 information entered by the employer matches DHS or DOS records, the employee's photo automaticially displays in E-Verify. Employers must make a copy of the employee's Form I-9 photo document and retain it with Form I-9 in order to match the photos. If the response from E-Verify is Employment Authorized, no further action is necessary and the verification is complete. However, if the response is a tentative non-confirmation from either DHS or SSA, there are further steps that need to be taken. Justifacts offers several communication options for this process. Communication Options for Tentative Non-Confirmation Justifacts offers several means of communicating the necessary follow-up steps for any tentative nonconfirmation situation as well as the option to customize to meet a company s need. In most cases, this will depend on the chosen process used to complete the I-9 described in the Electronic I-9 Process section above. Once the E-Verify has been processed and returned as a tentative non-confirmation, the online system will indicate the next steps in the process, any applicable forms/letters needed, and an overview of the results themselves for clarification. For instances where the I-9 was completed remotely or if requested, the employee will also be notified of the results via an which will contain similar information to what is contained within the web screen. Notifying an Employee of a Tentative Non-Confirmation If the response from the E-Verify system was a tentative non-confirmation from either DHS or SSA, it is important to note that this does not necessarily mean the employee is not authorized to work. The employee should continue to work during the verification process. Note that in several cases, the nonconfirmation could be caused by something as simple as incorrectly entered data so knee-jerk responses to these situations are highly discouraged. Justifacts Form I-9 E-Verify Process Justifacts Credential Verification, Inc. 4

5 After receiving a tentative Non-confirmation, the Justifacts system will provide a Notice to Employee of a Tentative Non-confirmation letter along with detailing to the employee of the requirement to indicate on the Notice whether or not he/she wants to contest the finding from E-Verify. Next, the company representative and the employee should sign the Notice. After the required forms have been completed a scanned copy of the signed Notice should be uploaded to the employee s electronic I-9 and a copy should be given to the employee. If the employee does not contest the findings, employment can be terminated without any civil or criminal liability for the termination. This is then submitted to E-Verify through the system and the process is now complete. Contesting a Non-Confirmation Notice If the employee contests the non-confirmation finding, Justifacts will provide clients with the appropriate referral notice to give to the employee. The employee then has eight federal business days to contact either SSA or DHS (depending on which agency produced the non-confirmation notice). After the employee visits the appropriate agency and notifies you of the visit, Justifacts will resubmit the case to the E-Verify system for final verification. Justifacts Form I-9 E-Verify Process Justifacts Credential Verification, Inc. 5

6 Justifacts Credential Verification 5250 Logan Ferry Road Murrysville, PA Ph: (800) Fax: (412) Copyright by Justifacts Credential Verification, Inc.; All rights reserved. Justifacts Form I-9 E-Verify Process Justifacts Credential Verification, Inc. 6