Electronic I-9/E- Verify Instruction Manual. Electronic I-9/E-Verify Instruction Manual

Transcription

1 Electronic I-9/E- Verify Instruction Manual Electronic I-9/E-Verify Instruction Manual Updated 12/21/2016

2 PART I Completing Section 1 of the I-9 1. The new hire logs into the system using the link provided to them by their hiring manager: a. specific url will be provided 2. The new Employee is brought to the Home screen of the hire s portal. The new Employee will be prompted to enter the hiring location number. Then click Next 3. After selecting location number, step-by-step instructions appear for completing Section 1. a. The instructions and acceptable documents are available at the bottom of the screen for the Employee to view. They will open in a separate window. 4. At this point, the new Employee can also choose to view the I-9 instructions and documents in English or Spanish (Default is English). All I-9 forms must be signed in English as required by law, unless the location is in Puerto Rico. Locations outside of Puerto Rico by selecting Spanish, the I-9 will be shown in both English and Spanish for the ease of the Employee.

3 5. The new Employee then creates a one-time registration that will allow them to electronically sign section one of the I-9. The registration name must be unique and the portal will assist in creating a secure password by showing the required character types as the password is created. 6. Next, the Employee will choose whether they will be using a Preparer or Translator to assist them with Section 1 completion. The employee has the option of having up to five Preparers or Translators assist them with the completion of section one of the I-9. The employee selects YES or NO and then indicates how many individuals will be assisting. Each individual who assists the employee in completing the I-9 must complete and sign a separate Certification area. Each area will be presented individually for signature. If the Employee chooses to use a preparer/translator, please refer to the Preparer/Translator in Section II of this manual for additional instructions.

4 7. The Employee must read through the Anti-Discrimination and Privacy Act notices. The Employee will select Next at the bottom of the screen to start Section 1 of the I Section 1 of the actual I-9 is now open to the new Employee to complete by clicking into the fields that follow below. (Throughout completion of Section 1, the Employee will find, if an error occurs, hints and corrections will appear in red next to the place of the error. For example, if the Employee enters today s date for their date of birth, the system will show a message asking them to correct their date of birth.) a. Name: The employee enters their current legal name as it appears on their documents and any other names that they have used such as a maiden name. b. Address: Enter the street name and number. c. Zip code: Entering the zip code will automatically pre-populate the city and state. The Employee will have the opportunity to change the City and the State even if pre-populated by the solution. d. Date of Birth and Social Security Number: The employee enters their date of birth and their Social Security Number.

5 When the Employee exits the Social Security Number field, the system will ask to Please Confirm the SS is Correct to Proceed, to help the new employee avoid a common error. If the number is entered incorrectly and discovered later in the process during Section 2 completion, the new employee will have to start the entire process all over. The I-9 is locked down once the new Employee signs the form. e. address and Phone Number: These are optional fields. Optional fields will be populated with N/A on the final document if they are left blank. 9. Citizenship Attestation: All employees must attest in Section 1 to their citizenship or immigration status by checking one of the four boxes provided on the form. They are: a. A Citizen of the United States of America. b. A Noncitizen National of the United States - Persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad. The employee can access USCIS instructions on the form if they have questions. c. A Lawful Permanent Resident - Any person who is not a United State Citizen who resides in the United States under legally recognized and lawfully recorded permanent residence as an immigrant. When selecting this attestation the employee will be asked which number they will be entering: Alien Registration Number or USCIS Number. Image on next page

6 d. An Alien Authorized to work- Any person who is not a citizen or national of the United States, or a lawful permanent resident but are authorized to work in the United States, check this box.

7 The employee will then indicate by choosing from the drop-down which documentation they will be using to complete the I-9. Making this selection will open the required information fields for completion. 10. The next step is for the new employee to sign their portion of the I-9, using the electronic signature button. Once they select the button, they will read the attestation and then electronically sign the I-9 by selecting the Electronic Signature button.

8 The Preparer /or Translator section is only completed and signed when an individual other than the employee assisted in the completion of Section 1. Preparer/Translator Section 1. If it is needed, the employee selects YES when asked if they are using a Preparer/Translator to assist with the completion of Section 1. They will then indicate who many individuals will assist them and select NEXT. The employee and/or the Preparer/Translator read through the Anti-Discrimination and Privacy Act notices. They will select Next at the bottom of the screen to start Section 1 of the I The employee and/or the Preparer/Translator should now complete Section 1 of the I-9 as indicated in the previous section.

9 3. When all of the required data entry is complete, the Preparer/Translator enters in their name and address in the Preparer/Translator Fields, and selects Click Here to Create Your Electronic Signature. 4. The Preparer/Translator creates and confirms a password based on the character requirements and then selects Electronic Signature. 5. If the employee indicated that there would be more than one Preparer or Translator assisting in the completion of Section 1, a Form I-9 Supplement will be made available for Preparer/Translators 2-5 to sign the document, each will complete and sign individually. (see image below)

10 Section 1 of the I-9 is now complete.

11 PART II Completing Section II of the I-9 (Hiring Manager) 1. The hiring manager selects Process I-9s from the manager portal home screen. 2. The hiring manager is brought to the manager s dashboard. If the hiring manager has access to more than one location, the manager enters the location they will be working on; however if the manager has only access to one site, the solution will automatically bring them to the correct location. The hiring manager can access the I-9 record completed by the new employee, for Section 1 review and Section 2 completion, by clicking Manager s Signature. 3. The hiring manager is presented with instructions upon completion of Section 2 of the I-9. Once reviewed, the manager clicks Next to proceed with Section 2 of the I The new employee s I-9 opens, and the hiring manager will see the completed Section 1. (Section 1 is now greyed out and no changes can be made once the employee signs.) 5. The hiring manager will scroll down to Section 2, the top of Section Two will populate the employee s name and citizenship attestation from section one. (See image on next page)

12 6. As the manager proceeds through Section 2 they will receive pop-up hints and tips for recording the documents. a. Pop-up hints and tips include any document under List A. b. The hiring manager can opt to further click on the magnifying glass icon to view a pop-up PDF of what a U.S. Passport and/or other List A documents should look like. c. Gold bars will include guidance for entering specific documents.

13 7. The hiring manager will request from the employee the documents they wish to present for completion of the I-9. The hiring manager should never request a specific document(s); rather, they should allow the employee to determine what document(s) to use, based on the list of acceptable documents. a. List A Documents Only one document is required if a document is used from List A b. List B documents Must also be accompanied by a document under list C.

14 8. Upon recording the documents, the manager will be required to select Document Title, Issuing Authority, and enter document number and expiration date. a. The example below shows a Passport being recorded, where the manager has made an error in the Document Number field. b. The Gold hint bar above the lists provides guidance to the manager and indicates document requirements. c. Once the error is corrected, the error message will disappear from the applicable field.

15 9. The example below shows the guidance provided when a Social Security Card is used, and an example of a Restricted Social Security Card.

16 10. Additional Information: Use this space to notate any additional information required for the Form I-9 such as: a. Employment authorization extensions for Temporary Protected Status beneficiaries, F-1 OPT STEM students, CAP-GAP, H-1B and H2A employees continuing employment with the same employer or changing employers, and other nonimmigrant categories that may receive extensions of stay. b. Additional documents that certain nonimmigrant employees may present. c. Discrepancies that E-Verify employers must notate when participating in the IMAGE program. d. Any other comments or notations necessary for the employer s business proce ss. 11. The hiring manager now enters the certification date. This date must match the hire date in the employer s payroll or HRIS system.

17 12. The hiring manager then electronically signs Section 2. Because the hiring manager is already logged into the system, a password is not required. 13. Upon signing Section 2, the screen will return to the manager s dashboard. This completes the I-9 process. Upon signing, the completed I-9 is automatically pushed to E-Verify (where applicable). If you re an E- Verify participating unit, please see the E-Verify section IMMEDIATELY BELOW for next steps.

18 PART III E-Verify Section 1. If the unit is participating in E-Verify after the manager enters in the certificate date the system will determine if the I-9 is being completed beyond the 3 day requirement. If not then the system will have the manager go to the signature step if it is done after the 3 days: a. If the I-9 is being completed outside the 3-day requirement, a reason for the delay will be required. The solution will provide a list of reasons from which the manager will need to choose. 2. Upon the signature of the manager, the I-9 information is sent to United States Citizenship and Immigration Services (USCIS), which works with both the Homeland Security Administration and the Social Security Administration to confirm the work authorization of the individual. In around 4% of the cases USCIS will send back results requiring further action of both the manager and the employee. Most of the cases where USCIS request further actions are due to human error most commonly the date of birth or name entered incorrectly. It is important that the manager and employee enter all information correctly. The results from E-Verify can include: a. Employment Authorized- The information match SSA & DHS systems and no further action is required. b. SSA or DHS Verification Incomplete-Reverify Required (also referred to as a Pre-TNC). The information sent to E-Verify does not match. USCIS is requesting that the manager and employee verify the accuracy of the data that was entered into the I-9. c. SSA or DHS Tentative Nonconfirmation (also referred as a TNC)-The information sent to E-Verify

19 does not match. The employee must decide to contest or not contest the results from USCIS. d. SSA or DHS Verification Incomplete-Photo Confirmation Required (also referred to as Photo Match)-E-Verify requires the manager to review the photo returned through the solution and the document presented and confirm the photos match. SSA or DHS Verification Incomplete To avoid an unnecessary TNC, E-Verify in many cases will request that the employee and manager review the data, thus, if an error was found, it can be corrected and resubmitted to E-Verify to avoid a TNC. When a confirmation of data request is made on the I-9 portal, the hiring manager and employee will be presented with the following actions: a. The I-9 platform will display the data entered on the I-9 that was sent to E-Verify. The manager and employee will review together the accuracy of the data. b. If accurate, select data correct and the system will update E-Verify. The next status from E- Verify may be a TNC. (See below for steps to handle a TNC.) c. If not accurate, select data incorrect. The system will automatically notify E-Verify that the data is incorrect and require a new I-9 be completed. The manager and employee will complete a new I-9 from the incomplete section on the I-9 portal. Tentative Non Confirmation (TNC) The manager will notify the employee of the TNC status. The employee will choose either to contest or not to contest the TNC through the portal. If the employee chooses not to contest, the employee and manager will electronically sign the TNC. See below for steps on how to electronically complete the TNC process on the portal.

20 Please note: If the employee chooses to NOT CONTEST, you are expected to terminate the employee. Please contact your corporate human resources department. If the employee chooses to contest, the employee and manager will be guided to electronically sign the TNC forms. The employee must select how they would like to view the TNC/Referral Notices. a. The employee must select how they would like to view the TNC/Referral Notices. These options are view only, as the output will be in English. b. The employee is presented with instructions on electronically signing the TNC and referral notice. Once done, the employee should select Next. c. The employee also has the option of viewing the forms in other preferred languages, via the instructions page. Once done, the employee should select Next.

21 d. The notices will appear for the employee to review. e. The employee selects My Electronic Signature to sign the forms. f. The employee should create and confirm a password to electronically sign the form. Please note it is not required that the Employee uses the same password they created for the I-9 process the system will accept a new password. g. Once the password is confirmed, the Employee should click Electronic Signature to sign the forms.

22 h. Once the forms are signed, the employee is presented with instructions to alert the manager of the signed form. The manager selects Next to electronically sign the forms. Please note the manager will not need to enter a password as they system recognizes the manager from their login Once the forms are signed by the manager, the status changes to SSA Referral Initiated. The manager should select Print PDF to provide the employee with the electronically signed notices. Please note that is required that the manager provides the hard copy of the instructions/referral letter to the Employee.

23 Once the forms are printed, the manager can select close window. The manager will notice on the portal that the Required Action button has changed to No Action Required. Manager should monitor the portal daily; E-Verify will update the status within 10 Government working days. Photo Confirmation For the following documents, E-Verify will require the manager to match the photo on the document against the photo provided by E-Verify: o United States Passport/Card o Permanent Resident Card/Resident Alien Card o Employment Authorization Card The manager will compare the photo on the ID to the photo presented by E-Verify to determine if they match.

24 *Reminder: The manager must keep a copy of these documents. See your human resources department for further instruction. If the manager determines and selects that the photo does not match, the next step will be a TNC (Refer to the TNC section of this manual). If the manager determines and selects that the photo does match, E-Verify will update the response with the following results: Employment Authorized - The discrepancy has been resolved and the person is considered authorized to work by E-Verify. Tentative Nonconfirmation Additional Verification Needed E-Verify is still reviewing the case and check back daily for a response. Statuses that will be returned by E-Verify: Once the TNC process is complete, E-Verify will respond (Usually within 10 Government working days) with the updated status: Employment Authorized- The discrepancy has been resolved and the person is considered authorized to work by E-Verify. Additional Verification Required-E-Verify is still reviewing the case and check back daily for a response. Final Nonconfirmation- The discrepancy was not resolved and the employee is not authorized to work per E-Verify. DHS No Show- Same as Final Nonconfirmation status, employee did not contact the agency within the specified period and thus was issued Final Nonconfirmation. Final Nonconfirmation process 1. The manager should click Action Required to access the record and begin the FNC process.

25 2. The manager should read and review the FNC information provided, and click Print PDF to review and print the notices, if needed. 3. The manager should choose the reason that matches the outcome from the dropdown menu. Once the manager has selected the case closure type from the drop-down menu, they should click Case Completed to submit the closure type. a. In some cases, the manager may have to review the case closure type with corporate HR before making a selection. 4. Once the FNC process has been completed on the portal, the manager should contact corporate HR to obtain the termination process.

26 Document Upload EVerify requires the retention of certain documents, if the documents presented are required for retention you will be prompted to upload copies of the documents to the portal. Create a copy of the documents. Scan them into your computer and create a file. Upload the file to the portal using the Upload tool. 1. Select the document image that you are going to upload by clicking the Upload box. 2. Select Browse button to locate the file that contains the images that you are uploading. 3. Click the Upload button to attach the image to the employee s I-9.

27 4. Review the image by selecting View Image; confirm that you have uploaded the correct image for this I-9. If it is not correct you can remove the image by clicking on the Remove button. Then begin the process again. 5. Once confirmed select the Close button to complete the process. If you complete the process and later realize that you have uploaded an incorrect file, contact the I-9 Hotline to have the document removed so you can upload new documents for the I-9.

28 PART IV Reverification of an I-9 1. If an employee is hired with documentation that has temporary work authorization, it is required by law that, by the date of expiration, the hiring manager verifies that the employee has updated work authorization. There are two ways a manager can complete this reverification: a. A new I-9 can be completed b. Section 3 of the I-9 can be completed this will only be available if both the employee and manager signed the I-9 on or after January 22, Note: Section 3 can be completed once, and if incorrect, can be corrected once per I-9. i. Using the new work authorization document, the manager must fill in any of the fields that apply. The only field that is mandatory is Document Title. The Document Number and Expiration Date (if any) (mm/dd/yyyy) fields are mandatory, most but not all of the time. After the manager fills in the fields, click Manager Signature.

29 Verification of Documentation when a receipt is used To update an I-9 that was originally created using a receipt, the manager selects the dashboard Action button Manager Signature and Section 2 of the I-9 will open. Only the document that requires updating will open for editing. The manager enters the new document information and re -signs they I-9. Resolving an incomplete I-9 Reviewing the completed I-9 for accuracy is part of the services MAXIMUS provides. If there is an error detected on the I-9 form, MAXIMUS will move the I-9 to the Incomplete section of the portal for the manager (and when necessary, the employee) to fix the mistake. Follow the instructions on the Action buttons to resolve the issue. You may be able to correct just the specific error or you may need to complete a new I-9.