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E-Verify Overview -Introduce yourself as the presenter and introduce any other team members assisting on the call -We are members.

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Presentation on theme: "E-Verify Overview -Introduce yourself as the presenter and introduce any other team members assisting on the call -We are members."— Presentation transcript:

1 E-Verify Overview
-Introduce yourself as the presenter and introduce any other team members assisting on the call -We are members of the Outreach Branch located within the Verification Division of U.S.CIS at the DHS -Instruct attendees to connect phones to computers and provide guidance on doing so -Inform attendees they will be in a listen-only mode and to send questions, comments, notes through the “Notes” tab -Inform attendees that they will receive a copy of the slides, sent by the presenter, following the webinar April 1, 2017

2 What 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) Items to discuss: System is Fast, Free, and Easy to use web-based service Electronically verifies the employment eligibility of newly hired employees and/or Existing employees working on a qualifying federal contract Partnership between DHS and SSA April 1, 2017

3 What is E-Verify? E-Verify is not…
…a system that provides immigration status …used for prescreening …a safe harbor from worksite enforcement Items to discuss: E-Verify does not provide immigration status (SAVE program does) E-Verify cannot be used to prescreen employees, must be a job offer and accepted prior to running through E-Verify. Is not a background check. E-Verify does not mean that you are no longer subject to inspection E-Verify Overview April 2013

4 Why use E-Verify? Ensures a legal workforce
Protects jobs for authorized workers Deters document and identity fraud Works seamlessly with Form I-9 Items to discuss: Helps employers maintain a legal workforce by screening for unauthorized workers, which in turn could reduce turnover. Protects jobs for authorized workers, ensuring a legal workforce. Deters document and identity fraud (photo match). Works in conjunction with Form I-9. Does not replace the Form I-9. Takes the Form I-9 one step further to verify the employment eligibility of that employee E-Verify Overview April 2013

5 Enacted legislation requiring only public contractors to use E-Verify
State E-Verify Requirements TX CO GA AZ MN OK ID NC IL AR IN K MI MO SC MS IA WY UT AL LA NJ NE OR TN CA PA N OH VA CT MD WI FL Enacted legislation requiring mandatory use of E-Verify for all employers Enacted legislation requiring various public entities/contractors to use E-Verify Items to discuss: -Slide illustrates the various state enactments of mandatory E-Verify-use legislation -State legislation may include specific requirements enacted by each state -Always check with your own state legislation – any state where you having hiring sites Enacted legislation requiring only public contractors to use E-Verify E-Verify Overview April 2013 5

6 The Growth of E-Verify Items to discuss: ***(Take the newest numbers for this slide from the latest E-Verify Weekly Report) As awareness of EVerify increases, so do our numbers. The figures on this slide change weekly . . . There are currently more than 443,000 employers, from every type of industry and of all sizes, that are enrolled in the program and using EVerify at over 1.3 million hiring sites. That’s about 1500 employers, per week, signing up for EVerify. Last fiscal year, FY 2011, there were more than 17 million cases created in EVerify. For FY 2012, there were over 21 million cases created in EVerify. EVerify is mostly a voluntary program. These figures show that participation continues to grow across the US – with or without mandated legislation. More than 11.6 million cases run to date in FY 2013 (as of April 6, 2013) More than 21 million cases created in FY 2012 More than 17 million cases created in FY 2011 Employers in every industry, state and U.S. territory 6 E-Verify Overview April 2013

7 1.7% Employees tentatively not confirmed work eligible
Performance 1.7% Employees tentatively not confirmed work eligible Items to discuss: Performance percent of employees are automatically confirmed as authorized to work (‘work authorized’) either instantly or within 24 hours Those who receive an initial mismatch are given the opportunity to resolve that mismatch. Of those, .26% are found to be Work Authorized after resolving a mismatch. The remaining 1.09% are found to be not authorized to work in the US (can include employer failing to notify of TNC, employee choosing not to contest, etc) 0.3% Initial mismatches later confirmed work authorized E-Verify Overview April 2013 April 1, 2017

8 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 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. Items to discuss: Photo Matching is a feature of E-Verify that displays when an employee presented the I-766, I-551, or U.S. Passport or Passport card during the Form I-9 verification process. If presented with one of these documents you need to make a photocopy of it. Photo to Photo match, not a photo match to the person E-Verify Overview April 2013 April 1, 2017

9 How to Enroll - Access Methods
Employer E-Verify Employer Agent Corporate Administrator Web Services 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. 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 Requires a company to develop software that interfaces with E-Verify. Web Services for Employers or Web Services for E-Verify Employer Agents Items to discuss: EVerify will ask 4 questions about how you plan to use the system. Based on your answers, an access method will be recommended. Carefully read the information and descriptions under each question. It could prevent having to change your access method later on. The different access methods are: Employer Access Method Most Common Allows you to run new hires/existing employees assigned to a fed contract Allows you to run reports E-Verify Employer Agent Access role for a third party running their client’s cases through the E-Verify Must sign an MOU and have each client company sign separate MOU’s as well Corporate Administrator Access Method Allows you to create, manage, and administer new and existing user accounts. These will be the users running E-Verify cases. You can run reports within the system. You CANNOT create cases in the system as a Corporate Administrator Access Method; oversight roll Web Services The company’s software will extract data from its existing system or an electronic Form I-9 and transmit the information to E-Verify. If a company chooses this option, it is sent the Web services Interface Control Document. The Interface Control Document contains the information used to develop and test the software interface. Both employers and E-Verify employer agents are eligible to use this access method. E-Verify Overview April 2013

10 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. Items to discuss: Enter the case no later than 3 business days following the employees’ first day of work for pay * E-Verify Overview April 2013 April 1, 2017

11 E-Verify: How it works Initial verification will return one of three results in just seconds. 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. Items to discuss: Those initial responses will be: Employment authorized SSA TNC – Information mismatch when comparing what was entered into E-Verify in comparison with SSA records DHS Verification in Process – Generally within 24 hours DHS will respond with an Employment Authorization or a DHS TNC Neither response in yellow is a final response and neither means that the person is not work authorized Must be provided the options to resolve mismatch E-Verify Overview April 2013 April 1, 2017

12 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 an illegal immigrant. There are legitimate reasons why an employee may receive this result. Common reasons for TNCs: Social Security number (SSN) does not match Identification document could not be verified Citizenship or immigration status changed Name change was not reported Name entered on I-9 is different than recorded in government databases Information was not entered correctly in E-Verify Items to discuss: What is a TNC? A Tentative Nonconfirmation indicates there is an information mismatch with government databases. It is very important not to assume the employee is not authorized to work. Some common reasons for a TNC are: SSN does not match, identification document cannot be verified, citizenship/immigration status changed, name changed/is different, or data entry errors E-Verify Overview April 2013

Employers should print the TNC Notice and review it with the employee promptly and privately. Employees who choose to contest should be provided the TNC referral letter. Employees have the right to contest or not contest a TNC. Both the TNC Notice & Letter are Available in 18 languages: Foreign Language Resources CONTEST NOT CONTEST Items to Discuss: The employer should promptly inform the employee of the TNC and then print and review the TNC with the employee in private. The Notices and Letters are available in 18 languages. If a Notice or Letter is printed in a different language, it can only be used for translation purposes only. The English version will need to be signed and dated. The link is active and will take you to all of our foreign language resources The employer will go over the employee’s options – whether to contest the TNC or not. If the employee chooses to contest the TNC, they will be referred to the appropriate agency. If the employee chooses not to contest the TNC, the employer may terminate the employee Employer refers employee to appropriate agency. Employer may terminate the employee and close the case in E-Verify. E-Verify Overview April 2013

14 Handling a TNC Employment Authorized Review and Update Employee Data
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 Items to Discuss: These will be the updates provided in E-Verify to the employer within 10 days of the employee being referred to either the SSA or DHS to begin the resolution Employment authorized Review and Update Employee Data-review the information that you entered from Form I-9 into E-Verify, review Form I-9 with the employee, correct the information, and update the case. Case in Continuance- SSA is reviewing the case but needs more time to review DHS Verification in Process- DHS will respond generally within 24 hrs with empl. authorized or DHS TNC DHS No Show- Employee indicated they would contest the TNC but did not contact the DHS within the 8 day timeframe Final Nonconfirmation- all records were reviewed and none indicate that person is legally able to work in the U.S. E-Verify Overview April 2013 April 1, 2017

15 Handling a TNC Employee Rights
The employee has eight federal government workdays from the referral date to visit or call the appropriate agency to start to resolve the discrepancy. The employee continues to work during the TNC resolution process. During the TNC process, the employer should not take any adverse action against the employee. Employee Rights information campaign. Employees contesting a TNC have 8 fed gov workdays to INITIATE a resolution During the resolution process the employee should continue to work and have no adverse action taken against them The employer should not coerce an employee to contest or not contest the TNC this is completely up to the employee E-Verify Overview April 2013

16 Employer Responsibilities
Employers must not: Use E-Verify to pre-screen employment applicants Use E-Verify selectively; E-Verify must be used for all new hires Influence or coerce an employee’s decision whether to contest a TNC Terminate or take adverse action against an employee who is contesting a TNC Ask for additional documentation after obtaining a TNC for an employee Items to Discuss: The employer must: Not use E-Verify to prescreen, a job must have been offered by the employer and accepted by the employee Use EVerify on all new hires consistently. Only federal contractors with the FAR E-Verify clause are allowed to use E-Verify for their existing employees Not influence an employee’s decision to contest or not contest a TNC Not terminate or take adverse action against an employee who received a TNC, nor ask for additional documentation after receiving a TNC Be mindful of the guidelines and rules in the MOU (memorandum of understanding – a legal contract signed between the employer, DHS, SSA, and DOS) E-Verify Overview April 2013

17 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. We now have a FAR fact sheet you can post on your website: Offer Webinars specifically for Federal Contractors with the FAR E-Verify clause As of September 8, 2009, the Federal Acquisition Regulations (FAR) final rule requires federal contractors (and subcontractors) to use E-Verify to verify their employees’ eligibility to work legally in the United States. E-Verify 17 E-Verify Overview April 2013

18 E-Verify Recent Enhancements
More web browsers that support E-Verify E-Verify now accessible on mobile devices Addition of E-Verify Quick Audit Report Increased integrity of foreign passport document matching Updated user manuals and “Question & Answer” section on E-Verify webpage Web-based tutorial for Corporate Administrators User’s full name and date of completion appear on the E-Verify tutorial certificate page Added case search capabilities More Helper Text Talking Points for Each Bullet Above: 1.) Additional web browsers include Explorer 6.0 and above, Firefox 3.0 and above, Chrome 7.0 and above, Safari 4.0 and above The enhancement eliminates older web browsers that support E-Verify (Internet Explorer 5.x and prior, Firefox2.x and prior, Netscape-any version) 2.) E-Verify is now mobile browser compatible. It’s also important to distinguish that it’s not a mobile application, but mobile browser compatible. 3.) Quick Audit Report is available to all access methods. This report provides case data about each case that matches the user entered search criteria in Excel format. The case data includes basic company and case identifiers and case resolution information. This report has been designed to satisfy the requirement of companies to report their E-Verify activity to Federal, State, or local government entities. 4.) A field has been added so that if an employer indicates that the I-94 was presented, the foreign passport number and country of origin will also be entered. (discussed in more detail on the next slide) 5.) Updated User Manual & EVerify website Q&A The manuals contain new guidance including; creating cases for rehired employees, how to close a case if an employee is notified of a TNC but has not decided whether to contest after 10 days, how to create cases for employees who present acceptable receipts, how to close company accounts, and how to process a case in continuance that has been pending more than 60 days. 6.) The web-based Corporate Administrator tutorial replaces the current Corporate Administrator live webinar training and allows the Corporate Administrators to take the tutorial at any time convenient to them. Corporate Administrators will be required to take this web-based tutorial training and pass with a 70% grade or above prior to being granted access into the E-Verify System. *Corporate Administrators that have previously completed the CA webinar training will not be required to take the web-based tutorial. 7.) The tutorial pass screen – prior to this release only the user ID and current date appeared on the pass screen. The 7.0 enhancements have the addition of the full name and date of completion shown on the EV Passing Tutorial Certificate Page. E-Verify Overview April 2013 9/25/2012

19 Records and Information from DMVs for E-Verify (RIDE)
Launched in June 2011. E-Verify can now verify driver’s license or state ID data. Mississippi was the first DMV partner for this project. Florida was added in December 2012. On January 17, 2013, E-Verify began confirming information on Mississippi state identification cards.  If a new employee presents the state-issued identification card as a List B document for Form I-9, you will be required to enter additional information into E-Verify.  The verification of the identity card information is similar to the current Driver’s License process.  Mississippi and Florida driver’s licenses and state identification cards verification helps strengthen the integrity of E-Verify.  Mississippi was the first state to join the E-Verify RIDE in June 2011, with Florida joining in December 2012.  There is no Photo Matching with RIDE If the employee receives a TNC due to the driver’s license data mismatch they will follow the same process as a DHS TNC E-Verify Overview April 2013 April 1, 2017

20 Engagement – E-Verify Logo and I E-Verify Seal
Request use of E-Verify Name and Logo. Request “I E-Verify” Seal. Download the Licensing Agreement to get started. For more information visit under “About the Program.” Items to Discuss: Employers can request the E-Verify Logo and I E-Verify Seal to use on your websites, newsletters, etc. Visit E-Verify website Simple agreement to sign E-Verify

21 Engagement - E-Verify Outreach
Speakers for your events Panel participants Exhibits Free Webinars Content for your newsletters Authorization to use the E-Verify® Logo and Name and I E-Verify Seal E-Verify We can come to your event as a speaker, panel participant, or exhibitor. We offer free webinars, like this one. Other webinars available are Form I-9, Everify overview, Everify for FAR or federal contractors, and SAVE. We can also customize a webinar to meet your needs. We can provide content for your newsletters and grant authorization for use of the EVerify logo and name. us at: E-Verify Overview April 2013 April 1, 2017

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