December 18, 2007

Immigration Law and Employer Compliance Seminar

What is E-Verify?
  • Web-based system that electronically verifies the employment eligibility of newly hired employees
  • Offered by the collaborative efforts of DHS and SSA
  • Free to employers
  • Voluntary participation
How Do I Use E-Verify? http://www.uscis.gov/files/nativedocuments/E4_english.pdf

How do I register for E-Verify?
MOU: DHS and SSA Obligations
  • Provides the terms of agreement between the employer, the SSA and DHS
  • Duty to provide confirmation of tentative nonconfirmation of employee's employment eligibility within 3 federal work days
  • Duty to provide secondary verification for employees contesting tentative nonconfirmation findings within 10 federal work days
MOU: Employer Obligations
  • Initiate a query after an individual accepts an offer of employment and within 3 business days after completion of Form I-9
  • Employers agree to verify ALL new hires
  • Employers CANNOT use E-Verify for re-verification of previously hired employees
  • Employers CANNOT use E-Verify for screening prior to hire
  • Employer agrees to allow DHS and SSA to make periodic visits for the purpose of reviewing E-Verify related records
  • Employer agrees to allow DHS and SSA to interview employer's agents and employees with issues concerning E-Verify
Photo-Screening Tool
  • http://www.uscis.gov/files/pressrelease/EVerifyRelease25Sep07.pdf
  • Alternative method for verification
  • Compares newly hired employee's Employment Authorization Document (EAD) or Permanent Residency Card (Green Card) against images stored in USCIS databases
Employee Rights
  • Employer must promptly provide the employee with information about how to challenge the information mismatch
  • Employer may not take any adverse action against an employee because s/he contests the information mismatch
§
§
  • §
  • §

E-Verify Fact Sheet: http://www.uscis.gov/files/pressrelease/EVerifyFS25Sep07.pdf

Strengthening the Employment Eligibility Document Review Process for the Nation’s Employers
  • E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program.
  • E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The program provides participating employers an automated Internet-based resource to verify the employment eligibility of newly hired employees. Employment eligibility verification queries authorization checks on all newly hired employees, including U.S. citizens and non-U.S. citizens, can be run against SSA and DHS databases. Through this process, E-Verify assists employers in maintaining a legal workforce and protects jobs for authorized U.S. workers.
  • USCIS began testing a photo screening tool enhancement to EEV and formally launched it on Sept. 17, 2007. The tool allows a participating employer to check the photos on Employment Authorization Documents (EAD) or Permanent Resident Cards (green card) against images stored in USCIS databases. The goal of the photo tool is to help employers determine whether the document presented reasonably relates to the individual and contains a valid photo. The former program did not include this identity fraud component.
  • More than 23,000 employers are currently using the E-Verify program to verify that their new hires are authorized to work in the United States. There is no charge to participate. The President’s FY08 budget request includes $30 million to expand and improve E-Verify.
  • Employers can register for E-Verify on-line at www.dhs.gov/E-Verify. The site provides instructions for completing the Memorandum of Understanding (MOU) needed to officially register for the program.
  • Once registered, employers use E-Verify by entering information captured on the Employment Eligibility Verification form (I-9). E-Verify compares employee information against more than 425 million records in the SSA database and more than 60 million records stored in the DHS database. Currently, 93 percent of an employer’s queries are instantly verified as work authorized.
  • The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) first authorized the program. The Basic Pilot Extension and Expansion Act of 2003 extended E-Verify until November 2008. Employers can obtain additional information about E-Verify by visiting www.dhs.gov/E-Verify.

Getting Started
  • Getting started with E-Verify is simple. This section provides you with an overview of the program along with all the terminology and the common tasks and features you will need to begin.
  • E-Verify is a free and simple to use Web-based system that electronically verifies the employment eligibility of newly hired employees.
  • E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program.
  • E-Verify works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against more than 425 million records in SSA's database and more than 60 million records in DHS immigration databases. Results are returned in seconds.
  • An employer's participation in E-Verify is voluntary and is currently free to employers.
  • Users may access the web-based access methods using any Internet-capable Windows-based personal computer and a web browser of Internet Explorer 5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
  • To participate, an employer must register online and accept the electronic Memorandum of Understanding (MOU) that details the responsibilities of SSA, DHS, and the employer.
  • If your company wants to participate in E-Verify, as an E-Verify user, designated agent, or corporate administrator, or if your company is interested in the web-service access method, click below.




1 comment:

Anonymous said...

It is a great summary. Thanks a lot!

Lucy