E-Verify:
What does it mean
to my Business?
Nebraska MarketPlace
2014
www.dhs.gov/E-Verify
Agenda
E-Verify - The Big Picture
E-Verify Enrollment and Use
Additional Information
E-Verify Overview
February 2014
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 Overview
February 2014
What is E-Verify?
E-Verify is not…
…a system that provides immigration status
…used for prescreening
…a safe harbor from worksite enforcement
E-Verify Overview
February 2014
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
E-Verify Overview
February 2014
5
State E-Verify Requirements
MN
OR
W
I
ID
WY
NE
CA
UT
AZ
CO
MO
OK
TX
E-Verify Overview
IA
N
MI
IL IN OH
K
TN
PA
VA
NC
SC
AR
MS AL GA
LA
FL
CT
NJ
M
D
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 EVerify
6
February
2014
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
February 2014
7
The Growth of E-Verify
520,000
480,000
440,000
400,000
360,000
320,000
280,000
240,000
200,000
160,000
120,000
80,000
40,000
0
507,970
476,882
404,228
292,000
226,528
156,659
87,758
5,899 11,474
1,064 1,704 2,144 3,478
FY 01
FY 02
FY 03
FY 04
FY 05
FY 06
24,480
FY 07
FY 08
FY 09
FY 10
FY11
FY12
FY13
FY14
Cumulative Employers Enrolled
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
E-Verify Overview
February 2014
8
Performance
Work Authorized instantly or
within 24 hours
1.19% Employees not
confirmed work eligible
0.22% Initial mismatches later
confirmed work authorized
E-Verify Overview
February 2014
9
Form I-9 and E-Verify
I-9 Process
I-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 email address, the employer
MUST enter into E-Verify.
Employee chooses which acceptable
document(s) to present.
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.
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.
E-Verify Overview
10
February
2014
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.
E-Verify Overview
February 2014
11
E-Verify Enrollment and Use
How to Enroll - At www.dhs.gov/E-Verify
E-Verify Overview
February 2014
12
12
Enrollment Resources
• How to Enroll Video
• Enrollment Quick Reference Guide
E-Verify Overview
February 2014
13
Access Methods
Employer
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 Overview
E-Verify
Employer
Agent
Select this access
method if your
company creates
cases for client
companies.
Corporate
Administrator
Web
Services
Allows you to create,
manage and
administer new and
existing E-Verify
accounts as well as
create and view
reports.
Requires a
company to
develop software
that interfaces
with E-Verify.
Does NOT allow you
to create cases
Web Services for
Employers
or
Web Services for
E-Verify
Employer Agents
February 2014
14
Verification Location/Hiring Site & User Roles
E-Verify Overview
February 2014
15
Required Posters –
Must Be Visible to Prospective Employees
E-Verify Overview
E-Verify
February 2014
16
16
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
February 2014
17
How does E-Verify work?
Employment
Authorized
E-Verify Overview
SSA TNC
DHS
Verification
in Process
February 2014
18
Initial Results
Initial verification will return one of three results in just seconds.
Employment
Authorized
SSA Tentative
Nonconfirmation
DHS Verification
in Process
DHS will usually
respond within 24 hours
with either:
The employee is
authorized to work.
There is an
information
mismatch.
Employment
Authorized
or
DHS Tentative
Nonconfirmation.
E-Verify Overview
February 2014
19
Creating an E-Verify Case
Click on “New Case” or “Verify Employee”
E-Verify Overview
From Section One of the employee’s
Form I-9, choose the correct option
February 2014
20
Creating a Case (con’t)
Indicate the documents provided to
you for Section 2 of the employee’s
Form I-9
E-Verify Overview
If you select that the employee provided
B and C documents, the following
screen will appear
February 2014
21
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.
• 2012 - Florida (December)
• 2013 - Idaho (July) and
Iowa (September)
E-Verify Overview
February 2014
22
Case Creation Screen
 Enter the employee’s
biographic information as it was
input in Section 1 of Form I-9
• Required fields asterisked
 E-mail address field
• Optional field on Form I-9
Visit Email Notification Page
E-Verify Overview
February 2014
23
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
E-Verify Overview
February 2014
24
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
February 2014
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 Resources
CONTEST
NOT CONTEST
Employer refers
employee to appropriate
agency.
Employer may terminate
the employee and close
the case in E-Verify.
E-Verify Overview
February 2014
26
E-Verify Overview
February 2014
27
July 2011
E-Verify Overview
E-Verify
February 2014
28
28
July 2011
E-Verify Overview
E-Verify
February 2014
29
29
E-Verify Overview
E-Verify
February 2014
30
30
Handling a TNC
 You should check E-Verify periodically for one of the following responses:
Employment Authorized
Review and Update Employee Data
Case in Continuance
DHS Verification in Process
DHS No Show
Final Nonconfirmation
E-Verify Overview
February 2014
31
Handling a TNC
E-Verify Overview
February 2014
32
Self Check
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 www.uscis.gov/everifyselfcheck
www.uscis.gov/selfcheck/espanol
E-Verify Overview
February 2014
33
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.
E-Verify Overview
February 2014
34
Recent Enhancements
 Updated MOUs
 E-Verify Fraud Alert
 Samples of the Courtesy E-Verify E-mails employees may receive:
• TNC notification
• TNC case referred (SSA or DHS)
• TNC reminder (SSA or DHS)
• Advise to update SSA records
 Monitoring and Compliance Webpage
 Employee Rights Toolkit
 Employers Search Tool
E-Verify Overview
February 2014
35
Stay Up to Date
 Subscribe to e-Newsletter E-Verify
Connection
• Write SUBSCRIBE in the subject line
to E-VerifyOutreach@dhs.gov
 To get email updates, subscribe to:
• www.uscis.gov/I-9Central
• www.dhs.gov/E-Verify
• www.uscis.gov/SelfCheck
 Submit an idea: E-Verify Listens
 Follow us on:
 E-Verify blogs
E-Verify Overview
February 2014
36
Educational Videos
 How to Enroll Video
 How to Create a Case
 Civil Rights (Request copies by emailing
E-Verify@dhs.gov.):
• Employee Rights and Responsibilities
• Employer Responsibilities and Worker Rights
View the videos at:
 www.dhs.gov/E-Verify or
 www.youtube.com/ushomelandsecurity
NEW: Employee Rights Toolkit
E-Verify Overview
February 2014
37
Office of Special Counsel (OSC)
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*
1-800-255-7688 (TDD: 1-800-616-5525)
 Employers may also contact OSC*
1-800-255-8155 (TDD: 1-800-362-2735)
*callers may remain anonymous
See OSC’s “Employer Dos and Don’ts.”
E-Verify Overview
February 2014
38
Customer Service
E-Verify received the highest rating for customer service of all federal agencies.
(2012 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
February 2014
39
Visit us at Booth #9
Mark Nolley
Janelle Herres
Management & Program Analysts
United States Citizenship and Immigration Services
Mark.Nolley@dhs.gov
Janelle.Herres@dhs.gov
THANK YOU!
E-Verify Overview
February 2014
40