Employment Eligibility Verification. August May E-Verify 1

Transcription

1 Employment Eligibility Verification August May E-Verify 1

2 Agenda Section I: E-Verify E - The Big Picture Section II: E-Verify E Enrollment and Use Section III: E-Verify E Features Section IV: E-Verify E Services Section V: Wrapping UP August 2011 E-Verify 2

3 Section I: E-Verify E - The Big Picture What is E-Verify? What E-Verify is not E-Verify Goals Why use E-Verify? Statistics E-Verify and Form I-9 August 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 August 2011 E-Verify 4

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

6 E-Verify Goals E-Verify Goals Reduce unauthorized employment Minimize verification related discrimination Be quick and non burdensome to employers Protect civil liberties and employee privacy August 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 in conjunction with Form I-9 August 2011 E-Verify 7

8 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 More than 278,000 employers are enrolled and use E-Verify at more than 925,000 hiring sites nationwide including South Carolina enrollment of more than 8,000 employers at more than 20,000 hiring sites. August 2011 E-Verify 8

9 Form I-9 I 9 and E-VerifyE Form I-9, Employment Eligibility Verification, and E-Verify work together. Information from the Form I-9 is entered into E-Verify. Employers must continue to update Form I-9 as required and reverify employment authorization even if they 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 more Form I-9 I 9 information, visit 9Central. August 2011 E-Verify 9

10 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 August 2011 E-Verify 10

11 How to enroll Go to /E-Verify. Under Start Here click Enroll in E-Verify. E August 2011 E-Verify 11

12 How to enroll Enrollment Checklist August 2011 E-Verify 12

13 How to enroll: The employer must decide: Who will electronically sign the E-Verify Memorandum of Understanding (MOU) on behalf of your company? Which hiring sites will participate in E-Verify? If you are a federal contractor with a FAR E-Verify clause, which employees will your verify? Who in your company will have access to E-Verify? Who in your company should be a program administrator? August 2011 E-Verify 13

14 How to Enroll The employer needs to know: Company name and physical address of the location from which your company will access E-Verify Employer identification number / Federal Tax ID Number Total number of employees for all your company s hiring sites that will participate in E-Verify The first three digits of your company s primary North American Industry Classification System (NAICS) code (We ll help you find it if necessary.) Number of hiring sites that will participate in E-Verify in each state August 2011 E-Verify 14

15 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. August 2011 E-Verify 15

16 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. August 2011 E-Verify 16

17 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. August 2011 E-Verify 17

18 Tutorial Successfully pass the E-Verify tutorial with a score of 70% or higher and print your results. August 2011 E-Verify 18

19 When to verify You must enter Form I-9, Employment Eligibility Verification, information into E-Verify for all newly hired employees no later than the third business day after the employees start date. August 2011 E-Verify 19

20 E-Verify Homepage Search cases Help text information displayed Case Alerts E-Verify News August 2011 E-Verify 20

21 How to create an E-Verify E case Form I-9 August 2011 E-Verify 21

22 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. August 2011 E-Verify 22

23 August October E-Verify 23

24 August October E-Verify 24

25 Handling a Tentative Nonconfirmation (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. August 2011 E-Verify 25

26 August October E-Verify 26

27 August 2011 E-Verify 27

28 August October E-Verify 28

29 August 2011 E-Verify 29

30 Handling a Tentative Nonconfirmation (TNC) The employee has eight federal government workdays from the referral date to visit or call the appropriate agency to begin the resolution process. The employee continues to work during the TNC resolution process. During the TNC process, DO NOT DO NOT take any adverse action against the employee. August 2011 E-Verify 30

31 August

32 Handling a Tentative Nonconfirmation (TNC) Employers 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 August 2011 E-Verify 32

33 August October E-Verify 33

34 August October E-Verify 34

35 Case Detail Page August 2011 E-Verify 35

36 Section III: E-Verify E Features Photo Matching RIDE Helper Text Expansion Hire Date Validation Registration Confirmation Create Password Help E-Verify Employer Agent (EEA) updates August 2011 E-Verify 36

37 Photo Matching Allows employers to match the photo on an employee s: Form I-766 (Employment Authorization Document) Form I-551 (Permanent Resident Card or green card ) U.S. Passport or Passport Card to the photo that DHS has on file for that employee. Helps detect instances of document fraud August 2011 E-Verify 37

38 August May E-Verify 38

39 RIDE - Records and Information from DMV for E-VerifyE RIDE Launched in June 2011 Driver s license verification strengthens the integrity of program. The driver s license is the most commonly used document by new employees to establish identity in the Form I-9 process. Mississippi is the first state to partner for this project. Since launch of RIDE, more than 13,000 driver s licenses have been validated. August 2011 E-Verify 39

40 Help Text August

41 Citizenship Status Help Page (Form I-9 Section 1) U.S. Citizen Noncitizen National of the United States Lawful Permanent Resident Alien authorized to work August 2011 E-Verify 41

42 E-Verify Responds to Customer Feedback Based on customer feedback, List B and C documents are displayed as on Form I-9. Note: List B Documents must contain a photo. August 2011 E-Verify 42

43 New Help Text Document List B and List C documents Arrival/Departure Record (Form I- 94) with Temporary I-551 Stamp or Refugee Admission Stamp Driver s License or ID Card issued by a U.S. State or Outlying Possession ID Card Issued by a U.S. federal, state or local gov. agency Native American Tribal Document Employment Authorization Document Issued by DHS Social Security Card August 2011 E-Verify 43

44 New Hire Date Validation E-Verify will permit you to select a future hire date. The hire date is the date the employee began (or will begin) work for pay. Employers must now use the Section 2 Certification date from the employee s Form I-9 as the hire date in E-Verify. Employers may select a hire date that is up to 365 calendar days in the future. August 2011 E-Verify 44

45 New Hire Date Validation Does not change the rule that prohibits prescreening A prospective employee MUST have accepted an employment offer before the employer may complete Form I-9 and create a case in E-Verify. Selecting a future hire date eliminates a confusing workaround in cases where E-Verify is used after an employee accepts an employment offer, but before he or she begins work for pay. This modification also enables us to better accommodate our E-Verify users in Guam, who have had to ensure an additional workaround because Guam is a day ahead of the continental United States. August 2011 E-Verify 45

46 Hire Date Validation August

47 Hire Date Validation EXAMPLE: Joe accepts an offer of employment on April 1, 2011, but he will not begin work for pay until July 1, His employer may create a case after the offer of employment is accepted. The employer must enter July 1, 2011, from Form I-9 Section 2 Certification as the hire date in E-Verify. Jul July 1, 2011 August

48 User Registration Process E-Verify will send the confirmation to the address entered when the new user was added. Program Administrator adds new user Now user receives August

49 Create a Password help User will now be informed why their password was not acceptable. Provides user feedback to assist with creating a password August

50 Create Password Help Passwords must have the following characteristics: At least one uppercase or lowercase letter At least one number At least one special character; special characters $ % * ( ) < >? : ; { } + - ~ Contain no more than two identical consecutive characters in any position from the previous password Contain a non-numeric in the first and last positions Not be identical to the User ID Additionally, as a policy, it is recommended that passwords should not: Contain any dictionary word Contain any proper noun or the name of any person, pet, child or fictional character, nor any employee serial number, Social Security number, birth date, phone number or any information that could be readily guessed about the creator of the password Contain any simple pattern of letters or numbers, such as "qwerty" or "xyz123" Be any word, noun or name spelled backwards Required Old Password: Required New Password: Required Re-type New Password: August

51 E-Verify Employer Agents (EEA) Updates EEA Enhancements: Alphabetical client list Three-day time limit category for federal contractor clients Client activation s August EEA log in screen

52 Section IV: E-Verify E Services Self Check I-9 Central E-Verify Spanish Website E-Verify Name and Logo Use Educational Video August 2011 E-Verify 52

53 Self Check and I-9 I 9 Central Self Check Launched March 21, 2011 Free online service that allows U.S. workers to check their own employment eligibility status Currently available to residents of AZ, CO, DC, ID, MS and VA (additional states added late August 2011) For more information on Self Check, visit I-9 Central - Launched May 13, 2011 One-stop shop for Form I-9 I 9 information Provides more accessible and user-friendly information For more information on I-9 I 9 Central, visit August 2011 E-Verify 53

54 E-Verify Spanish and E-Verify E Logo Use E-Verify Web Content in Spanish Please visit Verify-espanolespanol to view important information for both employees and employers now available in Spanish. Request use of E-Verify E Name and Logo. Request use of I E-Verify E Seal. Download the Licensing Agreement to get started at under About the Program. August 2011 E-Verify 54

55 Educational Videos How to enroll in E-Verify How to create a case How to respond to a TNC Civil Rights (request copies by ing E-Verify@dhs.gov): Employee Rights and Responsibilities Employer Responsibilities and Worker Rights View the videos at: Follow us on twitter: August 2011 E-Verify 55

56 Section V: Wrapping Up Employer Responsibilities Posters Employee Rights Stay Up to Date with E-Verify News Contact E-Verify August 2011 E-Verify 56

57 Employer responsibilities Employers may 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. August 2011 E-Verify 57

58 Posters August 2011 E-Verify 58

59 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) August 2011 E-Verify 59

60 Stay Up to Date Get updates for: I-9 9 Central - E-Verify - Self Check - Subscribe to E-Newsletter E E-Verify Connection. Send a message with SUBSCRIBE in the subject line to: E-VerifyOutreach@dhs.gov. August 2011 E-Verify 60 60

61 Contact Information Employer Hotline: (888) Employee Hotline: (888) Form I-9 Website: Form I-9 E-Verify Website: E-Verify E-Verify Employer Agent Self Check Website: Self Check August 2011 E-Verify 61

62 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: August 2011 E-Verify 62

63 Thank You August 2011 E-Verify 63