Employment Eligibility Verification

Transcription

1 Employment Eligibility Verification April 2011 E-Verify 1

2 Agenda Section I: E-Verify E - The Big Picture Section II: E-Verify E Enrollment and Use Section III: Wrapping It Up April 2011 E-Verify 2

3 Section I: E-Verify E - The Big Picture What is E-Verify? Why use E-Verify? Statistics E-Verify and Form I-9 April 2011 E-Verify 3

4 What is E-Verify? E No cost Internet based system Fast and easy to use Electronically verifies the employment eligibility of Newly hired employees Existing employees assigned to work on a qualifying federal contract Partnership between the U.S. Department of Homeland Security and the Social Security Administration April 2011 E-Verify 4

5 What is E-Verify? E E-Verify is not a system that provides immigration status used for prescreening a safe harbor from worksite enforcement April 2011 E-Verify 5

6 What is E-Verify? E E-Verify Goals Reduce unauthorized employment Minimize verification related discrimination Be quick and non burdensome to employers Protect civil liberties and employee privacy April 2011 E-Verify 6

7 Why use E-Verify? E Helps employers maintain a legal workforce Eliminates guesswork during the verification process Protects jobs for authorized workers Deters document and identity fraud Works seamlessly with Form I-9 April 2011 E-Verify 7

8 Statistics Over 256,000 employers are enrolled in E-Verify, which represents over 870,000 hiring sites. This has resulted in: More than 8.70 million cases created in FY 2009 More than million cases created in FY 2010 More than 7.50 million cases created to date in FY 2011 April 2011 E-Verify 8

9 Statistics 98.3 percent of employees are automatically confirmed as authorized to work ( work authorized ) either instantly or within 24 hours, requiring no employee or employer action The remaining 1.7 percent of employees receive initial system mismatches: 0.3 percent are later confirmed as work authorized after contesting and resolving the mismatch 1.43 percent are not found work authorized April 2011 E-Verify 9

10 Form I-9 I 9 and E-VerifyE Form I-9 and E-Verify work together Information from the Form I-9 is entered into E-Verify You must continue to update Form I-9 as required and reverify employment authorization even if you use E-Verify Make sure to use the most current version of the Form I-9 (Rev. 02/02/09 or 08/07/09 Exp. 08/31/2012) Form I-9 must include the employee s social security number before the case can be created in E-Verify If employee chooses to present a List B document, it must contain a photograph For additional information relating to Form I-9 see the M-274 Employer s Handbook at April 2011 E-Verify 10

11 Section II: E-Verify E enrollment and use How to enroll When to verify How to create an E-Verify case Handling a tentative nonconfirmation (TNC) Closing a case April 2011 E-Verify 11

12 How to enroll Go to Under Start Here click Enroll in E-Verify E April 2011 E-Verify 12

13 How to enroll Enrollment Checklist April 2011 E-Verify 13

14 How to enroll E-Verify will ask questions about how you plan to use the system. Based on your answers, E-Verify will recommend an access method. April 2011 E-Verify 14

15 How to enroll Access methods Employer E-Verify Employer Agent Corporate Administrator Most common 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 Least common Select this access method if your company creates cases for client companies. 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. April 2011 E-Verify 15

16 How to enroll Electronically sign a Memorandum of Understanding (MOU) with DHS and SSA User Name, Password and E-Verify Web Address will be ed to you within 48 hours Download and read the E-Verify User Manual Complete an online tutorial before creating cases April 2011 E-Verify 16

17 When to verify 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. April 2011 E-Verify 17

18 How to create an E-Verify E case Form I-9 April 2011 E-Verify 18

19 An E-Verify E case Initial verification results will be: Employment Authorized SSA Tentative Nonconfirmation DHS Verification in Process The employee is authorized to work. There is an information mismatch. DHS will usually respond within 24 hours with either: Employment Authorized or DHS Tentative Nonconfirmation. April 2011 E-Verify 19

20 October 2010 E-Verify 20

21 October 2010 E-Verify 21

22 Handling a TNC Inform the employee of the TNC Print the TNC Notice and review it with the employee CONTEST NOT CONTEST Refer employee to appropriate agency You may terminate the employee and close the case in E-Verify April 2011 E-Verify 22

23 October 2010 E-Verify 23

24 April 2011 E-Verify 24

25 October 2010 E-Verify 25

26 April 2011 E-Verify 26

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28 Handling a TNC The employee has eight federal government workdays from the referral date to visit or call the appropriate agency and resolve the discrepancy The employee continues to work during the TNC resolution process During the TNC process, DO NOT take any adverse action against the employee April 2011 E-Verify 28

29 Handling a TNC Once the employee resolves the record discrepancy, he or she should inform you You should check E-Verify periodically for one of the following responses: Employment Authorized Review and Update Employee Data Case in Continuance DHS Verification in Process DHS No Show Final Nonconfirmation April 2011 E-Verify 29

30 October 2010 E-Verify 30

31 October 2010 E-Verify 31

32 Section III: Wrapping it up Photo Matching Employer responsibilities State Legislation What s new at E-Verify OSC Dos and Don ts E-Verify Contact Information April 2011 E-Verify 32

33 Photo Matching Allows you to match the photo on an employee s Form I-766 (Employment Authorization Document) Form I-551 (Permanent Resident Card or green card ) to the photo that USCIS has on file for that employee U.S. Passport or passport card (new) Helps detect instances of document fraud April 2011 E-Verify 33

34 April 2011 E-Verify 34

35 Employer responsibilities Unless you are a federal contractor whose contract contains the FAR E-Verify E Clause you can only use E-Verify to verify new hires Once you begin using E-Verify, you must verify new employees no later than the third business day after the employee begins working for pay You must apply E-Verify procedures to ALL new hires, regardless of citizenship status April 2011 E-Verify 35

36 Posters April 2011 E-Verify 36

37 Federal Contractors The Federal Acquisition Regulations (FAR) have been amended by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council to reflect the FAR final rule which was published on November 14, 2008 As of September 8, 2009, the FAR final rule requires federal contractors (and subcontractors) to use E-Verify to verify their employees eligibility to work legally in the United States April 2011 E-Verify 37

38 CA OR ID UT* AZ MT WY CO MN NE IA KS MO OK AR LA TX ILI L MS TN AL GA SC ** NY MI PA IN OH wv VA* FL NC 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

39 What s s New at E-Verify: E E-Verify Self Check Update to Employee Hotline Update to E-Verify Employer DOs and DON Ts from OSC E-Verify Connection Newsletter For more information go to Sign up for What s New updates April

40 E-Verify Self Check Launched March 21, 2011 Allows individuals to check their own employment eligibility Voluntary, fast, and free online service Identity assurance built in to protect users Not a tool for employers! No one can demand that anyone use E-Verify Self Check April 2011 E-Verify 40

41 E-Verify Self Check E-Verify Self Check initially available to anyone with a residence in: Arizona Colorado Idaho Mississippi Virginia District of Columbia April 2011 E-Verify 41

42 E-Verify Self Check How does it work? Users must pass an identity assurance quiz to gain access Users then enter personal information similar to what is on Form I-9 If data can t be verified, and user chooses to follow-up, instructions are issued in English or Spanish April 2011 E-Verify 42

43 E-Verify Self Check Access E-Verify Self Check Access E-Verify Self Check Demo For more information Visit: April 2011 E-Verify 43

44 Update - Employee Hotline (Available in English and Spanish) Created to respond to employee inquiries, issues and complaints. The hotline uses an interactive voice response system. Employees choose from four options: General E-Verify information Completing Form I-9, Employment Eligibility Verification Contesting a Tentative Nonconfirmation or fixing a perceived Final Nonconfirmation error Filing a complaint regarding employer misuse of E- Verify E-Verify Self Check (new) available March 21, 2011 April 2011 E-Verify 44

45 Employer and Employee Videos Two Videos designed for employers and employees available in English and Spanish. The 20-minute videos are the result of collaboration between DHS Office for Civil Rights and Civil Liberties and USCIS. Understanding E-Verify: Employer Responsibilities and Worker Rights, aimed at employers, explains E-Verify rules, procedures and policies to employers with an emphasis on safeguarding employee privacy. Know Your Rights: Employee Rights and Responsibilities, aimed at employees, places special emphasis on the rights of employees, particularly when an employee receives a message from E-Verify indicating that there is a problem with the employment eligibility documents that the employee submitted to the employer. Know Your Rights is in English and Spanish. The videos portray reenactments of real world hiring scenarios. April 2011 E-Verify 45

46 Employer and Employee Videos View the videos at: You may request a copy of the videos by at: E-Verify@dhs.gov. Please include the name of the point of contact, the address to send the videos to and how many copies you are requesting April 2011 E-Verify 46

47 Employee Rights The employee has the right to contest a tentative nonconfirmation (TNC) from SSA or DHS. The employee continues to work during the TNC resolution process. Employees who believe they have been subjected to discrimination should call: Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices (TDD: ) 2515) April 2011 E-Verify 47

48 Top E-Verify E Dos Use program in a non-discriminatory manner, without regard to the national origin or citizenship status of your employees Use program for new employees after they have completed the I-9 Form Promptly provide and review with the employee the notice of tentative nonconfirmation Promptly provide the referral notice from the Social Security Administration (SSA) or Department of Homeland Security (DHS) to the employee who chooses to contest a tentative nonconfirmation Allow an employee who is contesting a tentative nonconfirmation to continue to work during that period Check E-Verify daily for updates in connection with the tentative nonconfirmation Contact E-Verify if you believe an employee has received a final nonconfirmation in error Display the required E-Verify participation poster (available from E-Verify) and the required antidiscrimination poster issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) Accept any Form I-9 List B document with a photo from an employee who chooses to provide a List B document Safeguard the password used to access the E-Verify program in order to ensure the privacy of employees personal information Delay running an E-Verify query for an employee who has not yet been issued a Social Security number until the Social Security number is issued Allow an employee who has not been issued a Social Security number to work throughout the period that the employee is waiting for his or her Social Security number to be issued Employer Hotline Employee Hotline Office of Special Counsel for Immigration Related Unfair Employment Practices April 2011 E-Verify 48

49 Top E-Verify E Don ts Use program to verify any employee hired on or before November 6, 1986 Use program to verify current employees, unless permitted as a federal contractor Use program for an existing employee previously verified through E-Verify at the time of hire, even as a federal contractor Use program selectively based on a suspicion that an employee may not be authorized to work in the U.S. or based on national origin Use program to pre-screen employment applicants unless you are a State Workforce Agency Influence or coerce an employee s decision whether to contest a tentative nonconfirmation Terminate or take adverse action against an employee who is contesting a tentative nonconfirmation, including denying or reducing scheduled hours, delaying or preventing training, mistreating the employee, requiring the employee to work longer hours, requiring the employee to work in poorer conditions, refusing to assign the employee to work on a federal contract or other job, or subjecting the employee to any assumption that s/he is unauthorized to work during this period, unless and until receiving a final nonconfirmation or no show response Ask an employee to obtain a printout or other written verification from SSA or DHS when referring that employee to either agency Ask an employee to provide additional documentation of his or her employment eligibility after obtaining a tentative nonconfirmation for that employee Request specific documents in order to activate E-Verify s photo tool feature Run an E-Verify query for an employee who is waiting for his or her Social Security number to be issued until the employee is issued a Social Security number Require an employee to use E-Verify Self Check or present any E-Verify Self Check documentation Employer Hotline Employee Hotline Office of Special Counsel for Immigration Related Unfair Employment Practices April 2011 E-Verify 49

50 Learn more about E-VerifyE Verification Outreach Branch provides: Speakers for your events Panel participants Exhibit participation Webinars E-Verify April 2011 E-Verify 50

51 Contact Information Customer Support: (888) E-Verify E-Verify Self Check E-Verify Website: Follow us on twitter: April 2011 E-Verify 51

52 Disclaimer Immigration law can be complex and it is not possible to describe every aspect of the process. This presentation provides basic information to help you become generally familiar with rules and procedures. For more information on the law and regulations please see our website: April 2011 E-Verify 52

53 Thank You April 2011 E-Verify 53