E-Verify

1. E-Verify University of South Carolina Division of Human Resources October 9-10, 2008

2. S.C. Illegal Immigration Reform Act • S.C. law* requires all public sector employers to verify that allnewemployees have valid work authorization using federal verification program: E-Verify • Requires State agencies, including USC, to E-Verify all new employees effective January 1, 2009 • Prevents SC schools/universities from admitting or providing state scholarships, grants or financial aid to persons unlawfully present in the U.S. (as of Fall 2008). *S.C. House Bill 4400; signed into law by Governor Sanford on June 4, 2008.

3. USC E-Verify Implementation Plan • Effective Date for USC: November 1, 2008 • Memorandum of Understanding: USC must first enter into an approved MOU with DHS • Identification, Training & Registration of USC E-Verify Program Administrators and General Users • USC E-Verify Coordinator will notify HR contacts about additional training & when to register

4. USC E-Verify Structure • USC Division of HR = “Corporate Administrator” • USC Primary HR Liaison in College/School/Division or on 2/4 year HR Offices = “Program Administrator” • HR and Student Employment Contacts in individual Departments who are appointed as to be USC E-Verify users = “General User”

5. USC E-Verify Structure • USC Division of HR/ Corporate Administrator Responsibilities: • Provides oversight of all USC E-Verify Users • Notifies Program Administrators when to register for E-Verify • Organizes training sessions & ensures compliance

6. USC E-Verify Structure • Program Administrator Responsibilities (for USC Primary HR Liaison in College/School/Division or in 2/4 year HR Offices): • Appoints General Users • Ensures General User training & certification • Maintains current listing of authorized GU’s by adding and deleting GU names as needed • Updates HR on changes to General User Listing • Places copy of General User certification from E-Verify in that individual’s employee file.

7. USC E-Verify Structure • General User Responsibilities (for USC HR Contacts in Departments who handle HR paperwork & I-9s) • Registers in E-Verify when notified to do so • Participates in E-Verify on-line tutorial • Passes Test to obtain E-Verify Certification & provides verification to Program Administrator • Ensures timely completion of I-9 once an offer of employment is accepted. • Enters information into E-Verify & submits copy of I-9 and E-Verify confirmation along with HR paperwork

8. USC E-Verify Compliance • I-9 Process: Form I-9 must still be completed NO LATER THAN START DATE of employment, but may be completed as early as the date an offer of employment isaccepted. • E-Verify Process: Cannot be completed until: 1) Offer of employment is accepted; 2) Form I-9 is completed; and 3) No later than Close of Business on 3rd day after actual start date of employment

9. Compliance Issues E-Verify Program and Other Immigration Related Compliance Penalties • Increased oversight of USC by the Department of Homeland Security’s Immigration and Custom’s Enforcement, a function of the electronic records generated. • Civil fines and penalties for non-compliance with the 1996 Immigration Reform & Control Act and the 1998 Illegal Immigration Reform & Immigrant Responsibility Act

10. Compliance Issues Continued • E-Verify Program and Other Immigration Related Compliance Penalties Continued… • Willful violations can lead to a ban on all USC applications (all campuses) for any employer-driven work authorization for any non-U.S. citizen or non-Permanent Resident employee. • If fraudulent documents are used to obtain employment authorization or certain types of benefits, restitution and other civil and criminal charges may be assessed.

11. USC Challenges • Last-minute hires • Lack of communication between hiring official and HR/Business Manager in department • External Dual Employment • The need for immediate and timely action to complete I-9 and E-Verify for last minute hires • E-Verify for incoming internationals who do not have a US Social Security number due to a regulatory wait period to apply

12. International Faculty and Staff Hires • International Support for Faculty and Staff (ISFS) will have E-Verify oversight responsibility for all international faculty and staff hired. • For campuses other than Columbia, ISFS will guide HR contacts on completing I-9s and E-Verify entry; • On the Columbia campus, ISFS will complete I-9s and enter data into E-Verify.

13. Student Hires • For Columbia and the 2-year campuses, USC International Student Services will provide guidance on its website for departmental questions about international student hires; • USC Payroll will address departmental questions about hiring U.S. student workers; • For Aiken, Beaufort and Upstate, questions about int’l student hires should be directed to the campus International Student Advisor.

14. E-Verify User Manual and Notices E-Verify Info • Overview/FAQs www.dhs.gov/e-verify • User Manual www.uscis.gov/files/nativedocuments/E-Verify_Manual.pdf E-Verify participation poster and other posters • Must be clearly displayed; will be available at:http://hr.sc.edu/policies/posters.html

15. Questions Ms. Krystal Owens, USC E-Verify Coordinator Division of Human Resources, Salary Administration Email: USCEVerify@sc.edu Web: http://hr.sc.edu/salaryadmn/everify.html

16. Public Employment/Procurement Components of theS.C. Illegal Immigration Reform Act Additional Components of the S.C. Illegal Immigration Reform Act: • Public employers may not enter into a services contract unless the contractor: • Registers and participates in the federal work authorization program; or • Employs only: • workers who possess a valid SC driver’s license or identification card; • are eligible to obtain a SC driver’s license or identification card; or • Possess a valid driver’s license or identification card from another state where license requirements are as strict as SC’s • Public employers and contractors may not divide the work into separate contracts to get around statute • Other provisions of the S.C. Illegal Immigration Reform Act: • Provides exclusive procurement remedy for violations of the procurement code • Public employer is in compliance if a written statement is obtained from the contractor certifying the contractor meets the provisions of the Act [S.C. Code 8-14-20(B)] • A contractor or public employer who makes a good faith effort to comply will not be subject to civil or administrative action • Makes it a felony if a person knowingly files a false, fictitious or fraudulent documents FOR QUESTIONS RE: PROCUREMENT PROVISIONS, CONTACT USC PURCHASING: 7-4415

17. USC Critical Issues • Compliance: Completing E-Verify within required time frame. • Once an offer is made and accepted, HR Contact in hiring unit meets with new employee to complete I-9, which must be finalized by the beginning date of employment. • Prospective new employee provides original documents acceptable by the U.S. government for completion of Form I-9 to verify his/her identity and ability to work in the U.S. • HR Contact in Hiring Unit will: • Revieworiginal documents presented by employee for authenticity; • Verify consistency/completeness of info. entered by employee in Section 1 of I-9; • Complete Section 2 of I-9; • Within 3 days of employment start date, enter information from I-9 into E-Verify and print E-Verify Confirmation Notice to attach to completed I-9; • Provide copy of completed I-9 & E-Verify Confirmation to HR Salary Administration along with required USC hiring documents. *See Slide 16: I-9 and E-Verify for international faculty and staff will continue to be handled by ISFS.