E-Verify: What does it mean to my Business? Nebraska MarketPlace

Agenda E-Verify - The Big Picture E-Verify Enrollment and Use Additional Information February 2014E-Verify Overview 2

E-Verify – The Big Picture 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) E-Verify OverviewFebruary 2014

E-Verify is not… …a system that provides immigration status …used for prescreening …a safe harbor from worksite enforcement What is E-Verify? February 2014E-Verify Overview 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 February 2014E-Verify Overview 5

6 Enacted legislation requiring mandatory use of E-Verify for all employers Enacted legislation requiring various public entities/contractors to use E-Verify Enacted legislation requiring only public contractors to use E- Verify 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 MDMD WIWI FL State E-Verify Requirements February 2014E-Verify Overview 6

Nebraska Legislation On October 1, 2009, LB 403 was enacted. LB 403 requires:  All state agencies and public employers to register and use E-Verify. All contractors and subcontractors working on public contracts are required to register and use E-Verify.  All state agencies to verify the lawful residency status of all applicants for public benefits by participating in the SAVE (Systematic Alien Verification for Entitlements) program.  All employers that apply for tax incentives under the Nebraska Advantage Tax Incentives Acts are required to verify employment authorization for all new employees by using E-Verify. LB 569 – Bill introduced on January 19, 2011, to require all employers register and participate in E-Verify E-Verify Overview 7 February 2014

The Growth of E-Verify More than 25 million cases run in FY 2013 As of February 1, more than 8.3 million cases run in FY14 Employers in every industry, state and U.S. territory February 2014E-Verify Overview 8

Performance Work Authorized instantly or within 24 hours 1.19% Employees not confirmed work eligible 0.22% Initial mismatches later confirmed work authorized February 2014E-Verify Overview 9

10 I-9 ProcessI-9 process with E-Verify Employee completes Form I-9, Section I.Employee must include Social Security Number when completing Form I-9, Section 1. If an employee provides address, the employer MUST enter into E-Verify. Employee chooses which acceptable document(s) to present. If a List B document is chosen, it MUST have a photo. If an employee decides to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9. Employer completes Form I-9, Section II. If necessary, employer updates or reverifies employee’s work eligibility in Section III. E-Verify Case Status will prompt employer to update or reverify in Section III of Form I-9. NOTE: All documents must be unexpired. Names should appear on Form I-9 exactly as they appear on documents. No nicknames should be used. Form I-9 and E-Verify February 2014E-Verify Overview 10

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 Employer cannot specifically request one of these documents 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. February 2014E-Verify Overview 11

E-Verify Enrollment and Use How to Enroll - At 12February 2014E-Verify Overview 12

Enrollment Resources How to Enroll Video Enrollment Quick Reference Guide February 2014E-Verify Overview 13

Access Methods 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. E-Verify Employer Agent Corporate Administrator Employer 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 Select this access method if your company creates cases for client companies. Web Services Requires a company to develop software that interfaces with E-Verify. Web Services for Employers or Web Services for E-Verify Employer Agents February 2014E-Verify Overview 14

February 2014E-Verify Overview 15 Verification Location/Hiring Site & User Roles

E-Verify16 Required Posters – Must Be Visible to Prospective Employees February 2014E-Verify Overview 16

When to Verify? E-Verify Overview 17 February 2014 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.

18 How does E-Verify work? SSA TNC DHS Verification in Process Employment Authorized February 2014E-Verify Overview

Initial Results Initial verification will return one of three results in just seconds. The employee is authorized to work. Employment Authorized There is an information mismatch. SSA Tentative Nonconfirmation DHS Verification in Process DHS will usually respond within 24 hours with either: Employment Authorized or DHS Tentative Nonconfirmation. February 2014E-Verify Overview 19

Creating an E-Verify Case February 2014E-Verify Overview 20 From Section One of the employee’s Form I-9, choose the correct option Click on “New Case” or “Verify Employee ”

Creating a Case (con’t) Indicate the documents provided to you for Section 2 of the employee’s Form I-9 If you select that the employee provided B and C documents, the following screen will appear E-Verify Overview 21 February 2014

Records and Information from DMVs for E-Verify (RIDE) RIDE  E-Verify can now verify driver’s license or state ID data.  No Photo Match at this time  Launched in June 2011 with Mississippi as the first DMV partner for this project Florida (December) Idaho (July) and Iowa (September) February 2014E-Verify Overview 22

Case Creation Screen  Enter the employee’s biographic information as it was input in Section 1 of Form I-9 Required fields asterisked  address field Optional field on Form I-9 Visit Notification Page Notification Page February E-Verify Overview

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 Case Results/Closing a Case 24 E-Verify OverviewFebruary 2014

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 February 2014E-Verify Overview 25

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 18 languages: Foreign Language ResourcesForeign Language Resources CONTEST Employer refers employee to appropriate agency. NOT CONTEST Employer may terminate the employee and close the case in E-Verify. February 2014E-Verify Overview 26

February 2014E-Verify Overview 27

July 2011E-Verify28 February 2014E-Verify Overview 28

July 2011E-Verify29 February 2014E-Verify Overview 29

E-Verify30 February 2014E-Verify Overview 30

Handling a TNC  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 February 2014E-Verify Overview 31

Handling a TNC February 2014E-Verify Overview 32

E-Verify Overview 33 February 2014 FREE online service available in English and Spanish that lets job seekers make sure their records are accurate BEFORE an employer checks their employment eligibility  Available nationwide to all citizens and non-citizens more than 16 years old  Self Check does not take the place of the employer’s E-Verify case  Employers cannot require their employees or prospective employees to use Self Check For more information on Self Check, visit Self Check

E-Verify Employers Search Tool*  Launched December 18, 2012  Searchable database  Search and view  Employers that actively use E-Verify system * The search tool only includes employers and federal contractors who have self-reported that their company has five or more employees. February 2014E-Verify Overview 34

Recent Enhancements  Updated MOUs Updated MOUs  E-Verify Fraud Alert E-Verify Fraud Alert  Samples of the Courtesy E-Verify s employees may receive: TNC notification TNC case referred (SSA or DHS)SSA DHS TNC reminder (SSA or DHS)(SSA DHS Advise to update SSA recordsAdvise to update SSA records  Monitoring and Compliance Webpage Monitoring and Compliance Webpage  Employee Rights Toolkit Employee Rights Toolkit  Employers Search Tool Employers Search Tool E-Verify Overview 35 February 2014

Stay Up to Date  Subscribe to e-Newsletter E-Verify Connection Write SUBSCRIBE in the subject line to  To get updates, subscribe to:  Submit an idea: E-Verify ListensE-Verify Listens  Follow us on:  E-Verify blogs E-Verify blogs E-Verify OverviewFebruary

Educational Videos  How to Enroll Video How to Enroll Video  How to Create a Case How to Create a Case  Civil Rights (Request copies by ing Employee Rights and Responsibilities Employer Responsibilities and Worker Rights View the videos at:  or  NEW: Employee Rights ToolkitEmployee Rights Toolkit February 2014E-Verify Overview 37

The anti-discrimination provisions of the INA are enforced by: Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices  Employees may contact the Office of Special Counsel (OSC) to obtain additional information regarding employment discrimination and employee rights and responsibilities* (TDD: )  Employers may also contact OSC* (TDD: ) * callers may remain anonymous See OSC’s “Employer Dos and Don’ts.”OSC’s “Employer Dos and Don’ts.” Office of Special Counsel Office of Special Counsel (OSC) February 2014E-Verify Overview 38

Customer Service E-Verify received the highest rating for customer service of all federal agencies. (2012 American Customer Satisfaction Survey) Employer Hotline: (888) Employee Hotline: (888) Form I-9 E-Verify Form I-9 Website: E-Verify Website: February 2014E-Verify Overview 39

Visit us at Booth #9 THANK YOU! February 2014E-Verify Overview 40 Mark NolleyJanelle Herres Management & Program Analysts United States Citizenship and Immigration Services