E-Verify Spring 2012 Director Workshop March 29, 2012

E-VERIFY REQUIREMENTS The Alabama Immigration Law implements the requirements to check the employment status of each newly hired employee through the federal internet-based E-Verify program. The E-Verify program checks the social security number, employee name and other information from the Form I-9 immigration form against the records at the Social Security Administration and the Department of Homeland Security.

E-VERIFY REQUIREMENTS The new law not only requires the school system to E-Verify its new hires but also requires the school board to determine if the businesses that are awarded contracts provide assurances that E-Verify is used for its new hires. Assurances are obtained by an affidavit from the business that it is following the new law.

E-VERIFY REQUIREMENTS Only a business (or employer) with one or more employees working in Alabama is required to submit an affidavit and documentation of compliance with the law. The documentation of compliance provided with the affidavit is the E-Verify Memorandum of Understanding obtained when the employer has completed the process for enrolling to use the E-Verify program for its new hires.

E-VERIFY REQUIREMENTS E-Verify affidavit requirements apply to contracts or grants awarded by the school board after January 1, Contracts are awarded through contractual agreements or competitive bids. Grants are usually awarded as a result of an application such as a school board issuing a grant to a non-profit for tutoring services.

E-VERIFY REQUIREMENTS E-Verify affidavit requirements also apply to contracts for consulting or other personal service contracts if the business entity or employer has one or more employees working in Alabama. An Employer Identification Number provided by the IRS is required to enroll in E-Verify.

Subcontractors A business that has a contract with the school board or other public entity is required to obtain a different affidavit form on subcontractors that it hires. For instance, if a contractor is hired to renovate a lunchroom, the contractor provides an affidavit to the school board but the contractor must obtain affidavit forms from any businesses that it uses as subcontractors.

Subcontractors A county commission that receives a summer feeding grant and then contracts with a school board to provide meals would receive a subcontractor affidavit form from the school board. A school board that receives a summer feeding grant and then contracts with a business to deliver the meals would obtain a subcontractor affidavit form and documentation.

E-VERIFY E-Verify is one step beyond the Form I-9 required for all employees hired after November 6, E-Verify is a free service that allows employers to determine that the information provided by an employee for Form I-9 is valid or that the documents presented are genuine.

SSN Required for E-Verify E-Verify requires the employee provide a Social Security number and an acceptable photo identification. Display of E-Verify posters in English and Spanish required.

Employee Rehires A rehire is a new hire for E-Verify purposes. Even if the employee has completed a Form I-9 within the previous 3 years. If you hire a retired teacher as a substitute you must E-Verify the employee.

Substitutes So, how are substitutes hired in your school system? – School board approves substitute list? – Principals notify payroll after the substitutes have worked?  Can a Form I-9 be completed no later than the first day of work?  Can the substitute be E-Verified no later than the three business days after the first day worked?

Substitutes Hired Before E-Verify If the school board approves employees to be added to the substitute list: – Board approved in 1984 and has worked occasionally since then. No I-9 required. – Board approved in 1992 and has worked some since then but no I-9 was completed. Complete I-9 but don’t E-Verify. – Board approved in 2009 and I-9 was completed but never worked until today. Don’t E-Verify.

Substitutes Hired Before E-Verify If the school board does not approve employees to be added to the substitute list: – In the words of Ricky Ricardo: “Lucy, you got some ‘splaining to do.” – You can’t E-Verify existing employees on your current workforce ─ only new hires ─ so what do you consider the hire date for a substitute?

E-Verify Substitutes You cannot E-Verify a new hire before a Form I-9 is completed and you cannot complete a Form I-9 before the employee has been offered and has accepted the job. So you can’t receive a Form I-9 with the application. How is a substitute offered the job and how does the substitute accept the job offer?

Substitutes If you contract with an agency that pays the substitutes the agency is responsible for the Form I-9 and E-Verify requirements. If your school board hires an employee who has been working in your schools but was paid by the agency you must treat the employee as a new hire.

Temporary Employees You must E-Verify all employees hired after your school board has enrolled in E-Verify, even if the employee will work for less than a day. The employee must be E-Verified no later than 3 business days after the first day the employee works.

E-Verify Nonconfirmation A Tentative Nonconfirmation (TNC) means that the information entered into E-Verify from Form I-9 does not match either the Social Security Administration (SSA) and/or the Department of Homeland Security (DHS) records for the employee. An SSA TNC does not mean that the employee is not authorized to work in the United States.

Tentative Nonconfirmation An SSA TNC case result may occur because the employee’s: – Name change was not reported to SSA. – Name, SSN, or date of birth is incorrect in SSA records. – Citizenship or immigration status was not updated with SSA. – SSA record contains another type of mismatch.

SSA TNC Privately notify the employee of SSA TNC. Print, sign, and date SSA TNC Notice. Instruct employee to sign and date SSA TNC Notice. Keep original signed SSA TNC Notice on file with Form I-9. Provide copy of signed SSA TNC Notice to employee. Take next action based on employee’s decision to contest or not contest the SSA TNC Notice. Follow instructions on E-Verify screens and E-Verify User Manual.

SSA TNC The employee must visit the local SSA field office within eight federal government workdays to the date of referral to resolve the issue with SSA. The employer may not ask the employee to obtain a printout from SSA records or other written verification of the employee’s Social Security number from SSA.

Tentative Nonconfirmation During the period of time an employee is contesting a TNC, treat the employee as if he or she is authorized to work under the same conditions as if the employee did not receive a TNC, until a secondary verification by SSA or DHS is completed or a Final Nonconfirmation is issued.

E-Verify and Form I-9 E-Verify requires that employers obtain additional information that was not required for completing Form I-9 before the employer enrolled in E-Verify: – Social Security number is now required. – A photo on identity documents is now required.

Form I-9 The employee completes Section 1 but must have a street address. A post office box address is not allowed. The employer completes Section 2 and examines the documents the employee provides. – Unexpired photo identification and social security number.

Correcting Form I-9 Employers cannot correct errors in Section 1. – Ask the employee to make corrections by: Drawing a line through incorrect information. Entering the correct information. Initialing and dating the correction. Do Not Conceal Any Changes.

Form I-9 Errors An employer may not withhold pay for work completed or withhold a W-2 because an employee did not complete a Form I-9. An employer may not reject a unexpired driver’s license because the license has been revoked. In order to be acceptable for Form I-9 purposes, a birth certificate must be an original or certified copy of a birth certificate bearing an official seal.

Valid Social Security Cards A signature on the card is not required. A laminated Social Security card is valid unless it states on the back that “not valid if laminated. Metal or plastic reproductions of Social Security cards are not acceptable. There are currently 50 different versions of Social Security cards. Do not accept cards marked: – NOT VALID FOR EMPLOYMENT – VALID FOR WORK ONLY WITH INS AUTHORIZATION – VALID FOR WORK ONLY WITH DHS AUTHORIZATION