FastFacts Feature Presentation

1. FastFactsFeature Presentation November 5, 2009 • We are using audio during this session, so please dial in to our conference line… • Phone number: 877-468-2134 • Participant code: 182500 © 2009 The Johns Hopkins University. All rights reserved.

2. Today’s Topic We’ll be taking a look at… Form I-9 and E-Verification Processes for Non U.S. Citizens

3. Today’s Presenter Jennifer Kerilla Director of the Office of International Services at JHMI

4. Session Segments Presentation Jennifer will provide instructions for I-9 Agents who are authorized to complete Section 2 of Form I-9 for Non-U.S. Citizens. During Jennifer’s presentation, your phone will be muted. Q&A After the presentation, we’ll hold a Q&A session. We’ll open up the phone lines, and you’ll be able to ask questions. Jennifer will answer as many of your questions as time allows.

5. Contact Us If you would like to submit a question during the presentation or if you’re having technical difficulties, you can email us at: fastfacts@jhu.edu You can also send us an instant message! GoogleTalk – HopkinsFastFacts@gmail.com AOL Instant Messenger – HopkinsFastFacts MSN – FastFacts@jhu.edu

6. Survey Survey At the end of this FastFacts session, we’ll ask you to complete a short survey. Your honest comments will help us to enhance and improve future FastFacts sessions.

7. Form I-9 and E-Verification Processes for Non U.S. Citizens

8. Agenda Today we’ll be covering: • Employment Eligibility Verification for Non-Citizens • “Social Security Number Applied For” • Documenting Acceptable Receipts in I-9 Express • Foreign National Information Form • Possible Responses from SSA and DHS • Contest/Not Contest E-Verify Results

9. Employment Eligibility Verification for Non-Citizens When non-citizens report to the designated I-9 agent: -If they completed Section I in advance, their I-9 will be in “Pending” -If they did not receive the communication about I-9 Express asking them to complete Section 1 in advance, the I-9 agent should click New I-9. IMPORTANT NOTE: -IF they do not have a SSN, then they must complete Section I in the designated I-9 Agent’s Office.

10. Social Security Number Applied For • Non-citizens complete Part I in the designated I-9 agent’s office if they do not have a Social Security Number at the time of hire/first day of “work for pay” • I-9 agents will advise all new hires who do not yet have a SSN to select “SSN Applied For” even if they have not yet submitted their application to SSA. Individuals who have just entered the U.S. may not yet be eligible to apply for their SSN. The I-9 Agents should advise them when it is appropriate to apply for the SSN. • Both the I-9 agent, who completes the I-9, and the Payroll Office will monitor I-9 Express alerts and communicate to the non-citizen as the 90 day period nears an end.

11. When advising non-citizens about the SSN application process, the I-9 agents will distribute the Payroll Office’s instruction sheet for notifying and updating the University when the SSN is issued.

12. Documenting Acceptable Receipts in I-9 Express • When non-citizens present I-9 agents with acceptable receipt notices, [see the Handbook for Employers for information on acceptable receipts] the process outlined below must be followed: • Select the document that an acceptable receipt has been presented in lieu of. I-9 Express does not have a “receipt” option. • I-9 agents enter the expiration date that coincides with the acceptable receipt presented. • Example: For a H1B1 using I-797C Receipt, the expiration of the I-9 would be 240 days from the date of hire. For a receipt for a replacement EAD, the expiration would be 90 days from the date of hire.

13. Short Description • The I-9 agent then must enter in the comment section “Receipt” and in the Short Description section write “Acceptable receipt notice used in lieu of original document”

14. Confirmation Page • Once submitted, the I-9 agent should print a copy of the confirmation page. • The confirmation page should be given to the non-citizen to take to the hiring department as confirmation that the I-9 process has been completed

15. Foreign National Information Form If the non-citizen has not yet been forwarded the FNIF or if the FNIF has not been completed, a blank FNIF should be attached to the confirmation page. The non-citizen should be directed to complete the FNIF and submit to the hiring department. The FNIF form will assist the hiring department in completing the ISR in SAP. The FNIF should be distributed with the Walk-In Hours and contact information for the Tax Office.

16. Determining Eligibility to Work After the I-9 Agent attests to the information entered into Section 2 and electronically “signs” the I-9, the I-9 agent must determine if the employee is legally eligible to work. There are six possible responses that could be returned upon submitting the I-9 E-Verify: • Employment Authorized • Initial Verification Not Processed • SSA or DHS Tentative Non-Confirmation • Employment Authorized – With Additional Verification Optional • Employment Authorized – With Additional Verification Requested Automatically • DHS Verification in Process

17. SSA and DHS Possible Response 1 Employment Authorized This response means that the employee is authorized to work in the United States. Employment Authorized is the most common initial response received from E-Verify. When this response is received, the employment eligibility process is complete. No more action is necessary.

18. SSA and DHS Possible Response 2 Initial Verification Not Processed • I-9 has been completed, but a response has not yet been returned by E-Verify. • I-9 Agents should click “REFRESH” until the result is updated with a response from E-Verify.

19. SSA and DHS Possible Response 3 SSA or DHS Tentative Non-Confirmation [TNC] • A response of SSA Tentative Non-Confirmation indicates the information on the employee’s I-9 did not match information on record with the Social Security Administration (SSA) or the Department of Homeland Security (DHS). • ANon-Confirmation does not mean that the individual is not authorized to work. The I-9 agent must advise the individual of the TNC and the employee must choose to contest (i.e. follow the prescribed steps to correct the problem) or not contest. • Individuals who indicate they do not wish to contest must immediately be referred to the appropriate Divisional Human Resources Office [staff] or appropriate academic department [all non-staff positions and appointments]. • This requires immediate action by the hiring department or Division H.R. before case can be resolved in E-Verify

20. SSA and DHS Possible Response 4 Employment Authorized – With Additional Verification Optional • This response from E-Verify indicates that the employee has been determined to be Employment Authorized. • However, the DHS can perform a more in-depth verification on this employee. The decision to request an additional verification is at the discretion of the employer. • Additional Verification should not be requested in this circumstance.

21. SSA and DHS Possible Response 5 Employment Authorized – With Additional Verification Requested Automatically • This response indicates that the employee has been determined to be Employment Authorized. • However, the DHS can perform a more in-depth verification on this employee. The additional verification is automatically requested and no additional action is required by the I-9 agent. • The status will be updated to “DHS Verification in Process”. The DHS will respond within three government work days. “DHS Verification in Process” will be monitored by the Payroll Office. • I-9 agents should also monitor this queue in I-9 Express.

22. SSA and DHS Possible Response 6 DHS Verification in Process • This response means a definitive answer is not yet available. • DHS responds to most of these cases within 24 hours, but has up to three government business days to respond. • “DHS Verification in Process” will be monitored by the Payroll Office. • I-9 agents should also monitor this queue in I-9 Express.

23. What do I do when the current status for an employee is Tentative Non-Confirmation? Review the confirmation with the employee for any data entry errors in Section 1 or Section 2 • If there was an error, create a new I-9. If the employee agrees that all the information submitted was correct, use the following language to explain to the employee what this status means: “When your information was compared electronically to government records, the Social Security Administration (SSA) or Department of Homeland Security (DHS) could not confirm that you are eligible to work in the United States. As a result, you must contact SSA or DHS to resolve the situation within 8 days if you wish to continue pursuing an opportunity with us.” Ask employee if they wish to contest or not contest. Click appropriate button

24. If employee chooses to Not Contest the E-Verify results… • In the event the employee selects “Not Contested”, do not proceed by clicking any of the options to resolve the case. • Return to the I-9 eXpress main menu and contact your Divisional Human Resources office. There will be consultation with the hiring manager, General Counsel’s staff, Human Resources staff and, if the employee is a faculty member, the appropriate official in the hiring department. • Following the consultation, a decision will be made regarding the employee’s status. • The pending Form I-9 will be completed / finalized by the Divisional HR Office. The Divisional HR Office will contact the hiring department with payroll instructions, if necessary.

25. If employee chooses to Contest the E-Verify results… • If the employee wishes to contest, print the referral letter to SSA or DHS. • Review the content of the letter that describes the steps the employee must follow to contact SSA or DHS and the time frame for contacting the agencies. • The employee’s record will now appear as pending in the “Quick Search” on the main menu page. • The I-9 user should check the record periodically to determine whether the verification process is completed and to learn whether the determination is “Employment Authorized”.

26. What Happens Next? • Reinforce employees have eight (8) government working days to resolve the issue displayed in the Reason field with the SSA or DHS. • What happens next? • Once the data has been updated in the SSA or DHS database, the case will be released. • This usually occurs within 10 government working days. • The I-9 eXpress system will automatically search the SSA and DHS database for any updated information every day. • The status of any I-9s that are found in this search will be updated in I-9 eXpress. • The Payroll Office will monitor the status of I-9s that are not Employment Authorized. However, all I-9 Agents are advised to monitor this queue as well. • E-verify may require that the I-9 be resubmitted if it is found that incorrect information had been submitted.

27. “No Show” • In the event an employee selects to contest a TNC, but fails to contact the appropriate agency (SSA or DHS) within the designated time, the E-verification determination will be “no show”. • If the determination is “no show”, do not proceed by clicking any of the options. • Contact the appropriate Divisional Human Resources Office. There will be consultation with the hiring manager, General Counsel staff, Human Resources staff, and, if the employee is a faculty member, the appropriate academic office. • Following the consultation, a decision will be made regarding the employee’s status. • The Form I-9 will be completed by the Divisional Human Resources staff and the staff will notify the hiring manager regarding payroll instructions if necessary.

28. Final Non-Confirmation in I-9 eXpress • In the event the E-verification determination is “Final Non-Confirmation”, do not proceed by clicking any of the options. • Exit the record and contact your Divisional Human Resources office. There will be consultation with the hiring manager, General Counsel’s staff, Human Resources staff, and, if the employee is a faculty member, the appropriate academic officer. • Following the consultation, a decision will be made regarding the employee’s status. • The pending Form I-9 will be completed / finalized by the Divisional HR Office. The Divisional HR Office will contact the hiring department with payroll instructions, if necessary.

29. When An Employee Should NOT Be E-Verified • What happens next? • When I-9 Express launches, it will not have “historical data • Current employees whose work authorization has been extended must complete a new I-9 • As these individuals are not new hires, they must NOT be submitted to E-Verify • The original hire date in SAP should be used as the hire date to trigger the result below

30. Conclusion Today we covered… Employment Eligibility Verification for Non-Citizens “Social Security Number Applied For” Documenting Acceptable Receipts in I-9 Express Foreign National Information Form Possible Responses from SSA and DHS Contest/Not Contest E-Verify Results

31. We’re going to open the phone lines now! There will be a slight pause, and then a recorded voice will provide instructions on how to ask questions over this conference call line. We’ll be answering questions in the order that we receive them. We’ll also be answering the questions that were emailed to us during the presentation. If there’s a question that we can’t answer, we’ll do some research after this session, and then email the answer to all participants. Q&A

32. Thank You! Thank you for participating! We would love to hear from you. Are there certain topics that you would like us to cover in future FastFacts sessions? Would you like to be a FastFacts presenter? Please email us at: fastfacts@jhu.edu

33. Survey Before we close, please take the time to complete a short survey. Your feedback will help us as we plan future FastFacts sessions. Click this link to access the survey… http://connect.johnshopkins.edu/fastfactssurvey/ Thanks again!