November 12, 2018 E-Verify Overview www.dhs.gov/E-Verify.

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Presentation transcript:

November 12, 2018 E-Verify Overview www.dhs.gov/E-Verify

Agenda Section I: E-Verify - The Big Picture Section II: E-Verify Enrollment and Use Section III: Additional Information E-Verify Overview 11/12/2018

Section I: E-Verify - The Big Picture What is E-Verify? Why use E-Verify? Who uses E-Verify? E-Verify and Form I-9 E-Verify Overview 11/12/2018

What is E-Verify? Free web-based service that’s fast and easy to use November 12, 2018 What is E-Verify? Free web-based service that’s 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 (DHS) and the Social Security Administration (SSA) 4

What is E-Verify? (con’t) E-Verify is not… …a system that provides immigration status …used for prescreening …a safe harbor from worksite enforcement E-Verify Overview 11/12/2018

Why use E-Verify? Ensures a legal workforce Protects jobs for authorized workers Deters document and identity fraud Works seamlessly with Form I-9 E-Verify Overview 11/12/2018

State E-Verify Requirements E-Verify Overview 11/12/2018

The Growth of E-Verify More than 25 million cases created in FY 2017 Employers in every industry, state and U.S. territory E-Verify Overview 11/12/2018

November 12, 2018 Performance

Form I-9 Requirements All U.S. employers must have a Form I-9 on file for all current employees. The revised form has a revision date of July 17, 2017N. As of September 18, 2017, employers must use this revised form for all newly hired employees and any necessary reverification. Exception: Employers are not required to have Forms I-9 for employees hired on or before November 6, 1986. You may delegate the authority to complete Form I-9 to a responsible agent, however, you will retain liability for any errors. E-Verify Overview 11/12/2018

I-9 Process with E-Verify March 2014 I-9 Process with E-Verify NOTE: All documents must be unexpired. Names should appear on Form I-9 exactly as they appear on documents. No nicknames should be used. E-Verify Overview 11/12/2018 E-Verify for Existing Users

Section 1: Employee Information and Attestation Employee’s email address is an optional Field Employees should enter N/A if choose to skip field Employers should not enter their business email address in Section 1 E-Verify Overview 11/12/2018

November 12, 2018 Photo Match Allows you to match the photo on a document to the photo that DHS has on file for that employee, and is activated automatically if an employee has presented: I-551, (Permanent Resident Card) Form I-766, (Employment Authorization Document), or U.S. passport or passport card Employer cannot specifically request one of these documents E-Verify Overview 11/12/2018

Does a Green Card Need Signature? November 12, 2018 Does a Green Card Need Signature? USCIS recently changed the appearance of certain Permanent Resident Cards (Form I-551), also known as a Green Card. An increasing number of green cards are being issued with the words “Signature Waived” in place of the Lawful Permanent Resident’s actual signature. All employers should be aware of this recent change in Green Cards when examining acceptable documents presented by workers during the Form I-9 process. Read the USCIS Web Alert for more information E-Verify Overview 11/12/2018 The Employment Eligibility Verification (EEV) Program

Section II: E-Verify Enrollment and Use How to Enroll When to Verify How to Create and Close an E-Verify Case Handling a Tentative Nonconfirmation (TNC) E-Verify Overview 11/12/2018

How to Enroll E-Verify Overview 11/12/2018

Access Methods E-Verify Overview 11/12/2018

November 12, 2018 User Roles Every person who uses E-Verify within a company must be registered as either a program administrator or general user. Program administrators: Register new users Create user accounts for other program administrators and general users Create cases and views reports Update profile information for all users Reset user passwords General users: Create cases View cases and reports Update his or her own user profile E-Verify Overview 11/12/2018

Required Posters – Must Be Visible to Prospective Employees E-Verify Overview 11/12/2018

November 12, 2018 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. E-Verify Overview 11/12/2018

How does E-Verify work? E-Verify Overview 11/12/2018

November 12, 2018 Initial Results Initial verification will return one of three results in just seconds. E-Verify Overview 11/12/2018

Creating an E-Verify Case November 12, 2018 Creating an E-Verify Case From Section 1 of the employee's Form I-9, provide employee biographic information Click on “New Case” or “Verify Employee” E-Verify Overview 11/12/2018

Creating a Case (con’t) November 12, 2018 Creating a Case (con’t) Select employee’s citizenship status and documents from Form I-9 Section 1 E-Verify Overview 11/12/2018 E-Verify Overview

November 12, 2018 Helper Text To avoid an unnecessary TNC due to a name mismatch click the icon next to the “Last Name” field to reveal the helper text. E-Verify Overview 11/12/2018

Case Results/Closing a Case Employer Action Record Case Verification Number on Form I-9 and/or print out the case details and attach to Form I-9 Ensure the information in E- Verify matches the employee’s Form I-9 26

Records and Information from DMVs for E-Verify (RIDE) November 12, 2018 Records and Information from DMVs for E-Verify (RIDE) Participating states: Mississippi Florida Idaho Iowa Nebraska North Dakota Wisconsin Arizona Maryland Wyoming E-Verify can now verify driver’s license or state ID data. No Photo Match E-Verify Overview 11/12/2018

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 present in the United States unlawfully. 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 E-Verify Overview 11/12/2018

Handling a TNC Employers should print the TNC Further Action Notice and review it with the employee promptly and privately. Employees have the right to contest or not contest a TNC. Employees who choose to contest should be provided the Referral Date Confirmation. Both the TNC Further Action Notice & Referral Date Confirmation are available in several languages: Foreign Language Resources E-Verify Overview 11/12/2018

July 2013 TNC – Step 1 E-Verify Overview 11/12/2018

TNC – Step 2 E-Verify Overview 11/12/2018

Further Action Notice How to Correct Your Immigration Records after Resolving a Tentative Nonconfirmation in E-Verify Fact Sheet E-Verify Overview 11/12/2018

TNC – Step 3 E-Verify Overview 11/12/2018

Referral Date Confirmation E-Verify Overview 11/12/2018

November 12, 2018 Results after TNC You should check E-Verify periodically for one of the following responses: E-Verify Overview 11/12/2018

November 12, 2018 Check Status of a TNC E-Verify Overview 11/12/2018

Section III: Additional Information Employer Responsibilities Features Enhancements Engagement Resources E-Verify Overview 11/12/2018

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. Federal law prohibits employers from terminating employment of an employee because of an interim case result until the TNC becomes a Final Nonconfirmation.  Know Your Rights Quiz E-Verify Overview 11/12/2018

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 Follow all the rules and guidelines outlined in the E-Verify Memorandum of Understanding E-Verify Overview 11/12/2018

Federal Contractors 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 Overview 11/12/2018

What is myE-Verify myE-Verify is a new, web-based free service for employees to participate in the E-Verify process. Access Self Check to confirm your work eligibility Create a myE-Verify account Protect your identity Learn about your rights myE-Verify Case Tracker E-Verify Overview 11/12/2018

November 12, 2018 Stay Up to Date NEW Follow www.Twitter.com/EVerify to receive updates and tips on Form I-9, E-Verify, myE-Verify, Self Check, employee rights and more. Subscribe to e-newsletter E-Verify Connection and visit our websites I-9Central E-Verify Office of Citizenship E-Verify What’s New E-Verify Monitoring and Compliance myE-Verify Submit an idea E-Verify Listens Like USCIS on Facebook E-Verify Employers Search Tool E-Verify Overview 11/12/2018 The Employment Eligibility Verification (EEV) Program

E-Verify Outreach Free Customized Webinars Content for your newsletters Authorization to use the E-Verify® Logo and Name and I E- Verify Seal Add E-Verify to your job announcements Example: “Our company uses E-Verify to confirm the employment eligibility of all newly hired employees.  To learn more about E-Verify, including your rights and responsibilities, please visit www.dhs.gov/E-Verify.” E-Verify Overview 11/12/2018

Educational Videos View the videos at: www.dhs.gov/E-Verify or www.youtube.com/ushomelandsecurity Civil Rights (Request copies by emailing E-Verify@dhs.gov): Video: E-Verify Employee Rights and Responsibilities Video: E-Verify Employer Responsibilities and Worker Rights Video: E-Verify for Business Leaders I-9 Webinar on Demand & Vignettes E-Verify Overview 11/12/2018

I-9 Central I-9 Central: www.uscis.gov/I-9Central I-9 Central Spanish: www.uscis.gov/i-9Central/Espanol E-Verify Overview 11/12/2018

Immigrant and Employee Rights Section (IER) November 2013 Immigrant and Employee Rights Section (IER) The anti-discrimination provisions of the INA are enforced by: Department of Justice Civil Rights Division Immigrant and Employee Rights Section Employees may contact the Immigrant and Employee Rights Section (IER) to obtain additional information regarding employment discrimination and employee rights and responsibilities* 1-800-255-7688 (TDD: 1-800-616-5525) Employers may also contact IER* 1-800-255-8155 (TDD: 1-800-362-2735) *callers may remain anonymous See IER’s “Employer Dos and Don’ts.” E-Verify Overview 11/12/2018

November 12, 2018 Customer Service E-Verify received one of the highest customer service ratings among federal agencies according to the 2016 American Customer Satisfaction Survey. Employer Hotline: (888) 464-4218 Employee Hotline: (888) 897-7781 Form I-9 E-Mail: I-9Central@dhs.gov E-Verify E-Mail: E-Verify@dhs.gov Form I-9 Website: www.uscis.gov/I-9Central E-Verify Website: www.dhs.gov/E-Verify E-Verify Overview 11/12/2018

November 12, 2018 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 Web site: www.dhs.gov/E-Verify. E-Verify Overview 11/12/2018 The Employment Eligibility Verification (EEV) Program

COMMENTS ON OUR WEBINAR? *Include date, time and topic of the webinar July 2013 Feedback COMMENTS ON OUR WEBINAR? Send to: E-VerifyOutreach@uscis.dhs.gov *Include date, time and topic of the webinar THANK YOU! www.dhs.gov/E-Verify E-Verify Overview 11/12/2018