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E-Verify

E-Verify. RAC Thursday, November 12, 2009. Eric Danoff HR Information and Network Systems HR Service Center. E-Verify Program. E-Verify System Overview Program Goals How it Works Employee Rights Usage Statistics Campus Impact Implementation Maintenance Department ORD HRS

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E-Verify

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  1. E-Verify RAC Thursday, November 12, 2009

  2. Eric Danoff • HR Information and Network Systems • HR Service Center

  3. E-Verify Program • E-Verify System • Overview • Program Goals • How it Works • Employee Rights • Usage Statistics • Campus Impact • Implementation • Maintenance • Department • ORD • HRS • Resources • Questions

  4. E-Verify System Overview On June 6, 2008, the President issued Executive Order 13465 “Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System,” providing that “Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the federal contract.”  The Federal Acquisition Regulation (FAR) was amended to require federal contractors to use E-Verify, which is the system designated to implement the Executive Order.

  5. E-Verify System Overview • Federal Acquisition Regulation (FAR) has been amended by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council to reflect the FAR final rule which was published on November 14, 2008. • As of September 8, 2009, the FAR final rule requires Federal Contractors (and subcontractors) to use E-Verify to verify their employees’ eligibility to work legally in the United States.

  6. E-Verify System Overview • Partnership between the Department of Homeland Security (DHS) and Social Security Administration (SSA) • Provides automated employment verification information to participating employers

  7. E-Verify: Program Goals • Reduce unauthorized employment • Minimize verification-related discrimination • Be quick and non-burdensome to employers • Protect civil liberties and employee privacy

  8. E-Verify: How it Works • Employer submits information provided on the Form I-9 • System queries databases of: • Social Security Administration • Department of Homeland Security

  9. E-Verify: How it Works • Initial verification will return one of three results: • Employment Authorized • The employee is authorized to work • SSA Tentative Nonconfirmation • Indicates a mismatch in the name and/or SSN provided by the employee and those in the SSA database • DHS Tentative Nonconfirmation • Indicates a mismatch in information provided by the employee and information in the DHS database

  10. E-Verify: How it Works • If a tentative non-confirmation is received from either SSA or DHS, the employer must notify the employee and provide information on how to resolve the mismatch, including a written notice and referral letter generated by E-Verify that contains specific instructions for challenging the mismatch and contact information.

  11. E-Verify: How it Works • Tentative Nonconfirmation: • The employee has eight Federal Government workdaysfrom the date of referral to visit or call the appropriate agency to contest and resolve the mismatch. • If the employee chooses not to contest, it is considered a Final Nonconfirmation and the employer must terminate the employee and resolve the case.

  12. E-Verify: How it Works • Employee continues to work while the case is being resolved. • Employers may not take any adverse action against an employee during this period, including firing, suspending, withholding pay or training, or otherwise infringing upon the employment. • Once the employee resolves the discrepancy in his or her records, they should inform the employer.

  13. Employee Rights • The employee has the right to contest or not to contest a Tentative Nonconfirmation (TNC) from SSA or DHS. • Employees who believe that they have been subjected to discrimination based upon their national origin or citizenship or immigration status with respect to hiring, firing, recruitment or referral for a fee, through an employer’s use of E-Verify, or when completing the Form I-9 should call the Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration Related Unfair Employment Practices at 1-800-255-7688 (TDD: 1-800-237-2515) for assistance.

  14. E-Verify: Usage Statistics 96.9% Work authorized instantly or within 24 hours. This represents an improvement over the 96.1% statistic previously reported for the April – June 2008 time period. 3.1% Initial mismatches (tentative non-confirmations) 0.3% Initial mismatches later confirmed work authorized 2.8% Final Non-confirmation - Not authorized to work in the United States - Failure to address TNC *Based on E-Verify program data for first quarter FY 2009 (October 2008 through December 2008).

  15. E-Verify: Campus Impact • To comply with the Executive Order, UMB must: • E-Verify all current employees assigned to a federal contract. • E-Verify new employees as soon as the job offer is made and accepted and no later than three days following the start date. This impacts employees transferred to a federal contract.

  16. E-Verify: Campus Impact • Implementation • Current Employees • Maintenance • New/Transferred Employees • Department • ORD • HRS

  17. E-Verify: Implementation • September 8th • 30 days • 90 days

  18. E-Verify: Implementation Meetings Fact Sheet Reports Available • UMB_CA_EFP_E_VERIFY_STATUS • UMB_CA_EFP_BY_PROJ_ID • UMB_HRSC_FED_E_VERIFY_AUDIT I-9 Audits

  19. E-Verify: Maintenance • New employees and current employees transferred to a federal contract must be E-Verified no later than 3 days after start date.

  20. E-Verify: Department • New Hires • Transfers • ORD • HRS

  21. I-9 Requirements for E-verify Employees assigned to a federal contract will be E-Verified. Employees who are E-Verified have additional requirements for Form I-9. • We only accept a List B document that contains a photo. • We must photocopy any Employment Authorization Document (F I-766) or Permanent Resident Card (Form I-551) if employee presents one of these documents. These documents are maintained with employees' Form I-9.

  22. E-Verify • I-9 / E-Verify • Database • Penalties • Fines • Debarment

  23. Resources • University E-Verify Website • www.hr.umaryland.edu/servicecenter/everify.htm • Eric Danoff • 410-706-3072 • edanoff@af.umaryland.edu

  24. Conclusion • Immigration law can be complex and it is impossible to describe every aspect of the process. • Questions

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