E-Verify User Manual for Employers
Contents
1. Quick Reference Guide For Employers June 2010 ART SEA A U S Citizenship and Immigration mm Services TABLE OF CONTENTS INTRODUCTION sois teceeg cece ceews edhe Seed hee a aa ea EMPLOYER RE SPONSIBILITE Stereos daban PRIVACY AND SECURITY STATEMENT oooocccccccnconcnconcnccnnnncnncnnnccnnnncnnnnannes MY COMPANY PROGRAM ADMINISTRATOR S oooncocconocccncnnconnnnncnnnnnnnnnanas ADO NEW USER soldado tot NA e VIEW EXIS TING USER cir tica tees 1 0 1 1 1 2 2 0 2 1 2 2 2 3 3 0 3 1 3 2 3 3 3 4 3 0 4 0 4 1 4 2 4 3 5 0 5 1 5 2 5 3 5 4 6 0 6 1 6 2 6 3 MY COMPANY E VERIFY CASE OVERVIEW cocino ia CREATE A CASE ea cuniatiia deat iii cid INITTAL CASE RESULTS aduon rd er E VERIPFYRAOTO MAT CHIN Guests att pies EMPLOYMENT AUTHOBIZEO 010 eale ee te arte tia eet REQUEST NAM INTERIM CASE TENTATIVE NO EE VIE VWs tence Peat area as alan ETEN STATUS ori iaa NCONEIRMA TON compras aocioi s peroo bet areca dns NOTEY EMPLOYEE OF TN Goenoispalna lalola ale ened peau REFER EMPLOYEE TOSSA ORDAS sd ad eee a DAS VERIFICATION IN PROCES Serai ronen acl ode nna nr SSA AND DHS CASE IN CONTINUANCE ooooccccnccccccncnccncncnccncnnncncnnnnancananns FINAL CASE RESOLUTION cs scsii E DHS SSA FINAL NONCONFIRMATION 0 eceee ee eee ee eee ee eee teens eee ee ee enaes DHS NO SHOW CASE CLOSE CASE ALERTS OPEN CASES TO BE CLOSED a criar Settee a NEN CASES WITH NEW UPDATE Scioli WORK AUTH2. DHS Verification in Process will provide one the following case results EMPLOYMENT AUTHORIZED DHS TENTATIVE NONCONFIRMATION DHS CASE IN CONTINUANCE Each case result requires different actions or steps to continue or close the case SUMMARY OF ACTIONS EMPLOYER ACTION e Check E Verify for case result updates e Follow next steps based on case result provided EMPLOYEE ACTION After the three federal government workdays E Verify will update the appropriate case result Additional information about each case result is available in the User Manual for Employers found in View Essential Resources 4 3 SSA AND DHS CASE IN CONTINUANCE A SSA or DHS Case in Continuance indicates that the employee has visited an SSA field office and or contacted DHS but more time is needed to determine a final case result You must check E Verify periodically for case status updates Employers cannot terminate or take adverse action against the employee while SSA DHS is reviewing an employee s case Once DHS and or SSA have updated E Verify one the following case results shows For DHS CASE IN CONTINUANCE EMPLOYMENT AUTHORIZED DHS FINAL NONCONFIRMATION For SSA CASE IN CONTINUANCE EMPLOYMENT AUTHORIZED SSA FINAL NONCONFIRMATION REVIEW AND UPDATE EMPLOYEE DATA Page 14 of 18 Quick Reference Guide for Employers June 2010 DHS VERIFICATION IN PROCESS SUMMARY OF ACTIONS EMPLOYER ACTION e Check E Verify
3. EMPLOYER ACTION e Privately notify employee of TNC e Print review sign and date TNC Notice e Instruct employee to sign and date TNC Notice e Keep original signed TNC Notice on file with Form l 9 e Provide copy of signed TNC Notice to the employee e Take next action based on employee decision to contest or not contest TNC EMPLOYEE ACTION e Decide to contest or not contest and indicate choice on signed TNC e Acknowledge TNC case result by signing and dating TNC Notice e Take next action based on decision to contest or not to contest REFER EMPLOYEE TO SSA OR DHS After being notified of the TNC the employee chooses to contest or not contest the case result and acknowledges his or her decision on the TNC Notice An employee that chooses to contest a TNC Is referred to either SSA or DHS Employees that choose to contest the TNC have eight federal government workdays to visit an SSA field office or call DHS Federal government workdays are Monday through Friday except for federal holidays The start of the eight days begins on the date printed on the Referral Letter Employers may not terminate suspend delay training withhold or lower pay or take any other adverse action against an employee based on the employees decision to contest the TNC or because their case is still pending with DHS or SSA The box below provides a summary of actions required to refer an employee to DHS or SSA due to a TNC case result SUMMARY OF ACTIONS n
4. The photo will display automatically in E verify during the verification process Only compare the employee s photo document to the photo displayed in E Verify After a selection is made a case result will display a case result Additional information about each case result is available in the User Manual for Employers found in View Essential Resources 3 4 EMPLOYMENT AUTHORIZED An initial case result of Employment Authorized means that the information entered into E Verify matched DHS and or SSA records and that E Verify verified the work eligibility for the employee entered It s that easy However a case that is Employment Authorized is incomplete until it is closed See Section 4 2 Close Case Employment Authorized is considered both an initial case result and a final case result This means that the only additional step required is to close the case in E Verify It is the most common and simple case result in E Verify A case result of Employment Authorized requires the important step to close the case You must close each case this does not happen automatically Closing the Page 10 of 18 Quick Reference Guide for Employers June 2010 case removes it from the active cases or the Open Cases to be Closed list To close each case follow the steps outlined in Section 4 2 Close Case SUMMARY OF ACTIONS EMPLOYER ACTION e Enter Form l 9 information into E Verify e Receive Employment Aut
5. for case result updates e Close Case EMPLOYEE ACTION Additional information about each case result is available in the User Manual for Employer found in View Essential Resources Page 15 of 18 Quick Reference Guide for Employers June 2010 5 0 FINAL CASE RESOLUTION Every case must receive a final case result and be closed A Final Nonconfirmation means that a final case result has been provided and the Designated Agent must inform the client of the result and close the case There are three Final Nonconfirmations FNC These include SSA Final Nonconfirmation DHS Final Nonconfirmation DHS No Show 5 1 SSA DHS FINAL NONCONFIRMATION FNC An SSA or DHS Final Nonconfirmation case result is received when E Verify cannot verify an employee s employment eligibility after an employee has contacted DHS or SSA You may terminate employment with no civil or criminal liability as noted in Article Il Section C Responsibilities of the Employer 6 in the MOU SUMMARY OF ACTIONS EMPLOYER e Receive SSA or DHS Final Nonconfirmation case result e Close Case EMPLOYEE ACTION 5 2 DHS NO SHOW A DHS No Show indicates that the employee did not contact DHS within the eight federal government workdays A DHS No Show response Is considered a Final Nonconfirmation A Final Nonconfirmation means that the case must be closed in E Verify You may terminate employment with no civil or criminal liability as noted in Article
6. Il Section C Responsibilities of the Employer 6 in the MOU SUMMARY OF ACTIONS EMPLOYER ACTION e Receive DHS No Show case result e Close Case EMPLOYEE ACTION be a a a a a a Page 16 of 18 Quick Reference Guide for Employers June 2010 5 3 CLOSE CASE You must close EVERY case created in E Verify Each case is closed by using one of the Close Case Statements provided in E Verify E Verify will present only those options that are relevant to each case This means that In some cases not all of the Close Case statements are available 5 4 CASE ALERTS E Verify Case Alerts are found at the bottom of the user home page The purpose of this feature is to bring your attention to cases that need your action When you log into E Verify Case Alerts inform you of one of the following Open Cases to be Closed Cases with New Updates Work Authorization Documents Expiring Each Case Alert indicates the number of cases that require your attention by a number in a red circle on the alert Each Case Alert can be accessed by a simple click OPEN CASES TO BE CLOSED Any case created in E Verify and assigned a case verification number must be closed The Open Cases to be Closed Case Alert provides quick access to all cases that need to be closed CASES WITH NEW UPDATES The Cases with New Updates Case Alert is a quick link to all cases that have had a change in case result All interim case results must receive a f
7. ORIZATION DOCUMENTS EXPIRING CASE REPOR TS ut cali CORPORATE OVERVIEW OF PILOT USAGE cece ee nent eter rene eeeeees USER AUDIT REPOR dias cceoeci co vcicdon scp iratheanesetigueatateeeenaa its USER REPORT oOo O O N O O O OT WD O ee Se Se Se Se Se Se a Ce Se ee Ce Ce Ce hb bh 0 0 0 0 N N NNN OO OO fF A O NNN O O 1 0 INTRODUCTION Welcome to the E Verify Quick Reference Guide for Employers E Verify is an Internet based system operated by the U S Department of Homeland Security DHS in partnership with the Social Security Administration SSA E Verify allows participating employers to electronically verify the employment eligibility of newly hired employees This guide provides a high level overview of the E Verify process that Employers follow when using E Verify This guide should be used as a supplement to the E Verify User Manual for Employers Additionally all users must follow the guidelines set forth in the E Verify Memorandum of Understanding MOU 1 1 EMPLOYER RESPONSIBILITIES Enrolled companies can provide their employees access to E Verify by assigning them user roles Permissions and functions in E Verify granted to the user depend upon the user role There are two types of users General User and Program Administrators The table below provides an explanation of each user role General Users and Program Administrators must successfully complete the online E Verify tutorial Knowledge Test before pr
8. each newly hired employee before creating a case in E Verify Ensure that all Form l 9 List B identity documents have a photograph Create a case for all newly hired employees no later than the third business day after they start work for pay Obtain a Social Security number SSN from all newly hired employees Provide employees the opportunity to contest Tentative Nonconfirmation TNC Allow newly hired employees to start and continue working during the E Verify verification process even if they receive Tentative Nonconfirmation TNC Ensure that all Personally Identifiable Information is safeguarded All Employers participating in E Verify MUST NOT Use E Verify to prescreen applicants for employment Check employment eligibility for employees hired before their company signed the E Verify MOU Take any adverse action against an employee based upon a case result unless E Verify issues a Final Nonconfirmation Specify or request which Form l 9 documentation a newly hired employee must use Use E Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin citizenship or immigration status Selectively verify work authorization for newly hired employees Share any user ID and or password Page 4 of 18 Quick Reference Guide for Employers June 2010 1 2 PRIVACY AND SECURITY STATEMENT The use of E Verify requires the collection of Personally Identifiable Information PII It is ess
9. ee EMPLOYER ACTION e f employee chooses to contest the SSA TNC Refer case e Ensure that the information on the SSA Referral Letter is correct e Print review sign and date SSA Referral Letter e Have employee sign and date SSA Referral Letter e Keep original signed SSA Referral Letter on file with Form l 9 e Provide copy of signed Referral Letter to the employee e Check E Verify for case result updates e Close case EMPLOYEE ACTION e Sign and date Referral Letter e Visit an SSA field office or contact DHS within eight federal government workdays EZ ZE ae Page 13 of 18 Quick Reference Guide for Employers June 2010 SSA has 10 federal government workdays to update the case result in E Verify while DHS will update the case result in eight federal government workdays Additional information about each case result is available in the User Manual for Employers found in View Essential Resources 4 2 DHS VERIFICATION IN PROCESS A case result of DHS Verification in Process means that the information did not match DHS records The case is automatically referred to DHS for further verification No action is required by you at this time DHS will respond to most of these cases within 24 hours although some responses may take up to three federal government workdays Check E Verify daily for a response Follow the steps outlined in the DHS Verification in Process Process Overview After the three federal government workdays a
10. ential to protect the privacy of individuals that submit information to be processed through E Verify It is your responsibility to ensure that all personal information collected is safeguarded and used only for the purposes outlined in the MOU between E Verify and the employer user Failure to properly protect individuals information can result in identity theft or fraud and can cause considerable inconvenience harm or embarrassment to the individuals affected At a minimum take the steps outlined in the table below to protect personal information and comply with the appropriate regulations PRIVACY GUIDELINES gt Allow ONLY authorized employees to use E Verify Ensure that only the appropriate employees handle information and create verification cases gt SECURE access to E Verify Protect the password you use to access E Verify and ensure that unauthorized users do not gain access to the system gt PROTECT and STORE individuals information properly Ensure that employees information is stored in a safe and secure location and that only authorized individuals have access to this information gt Discuss E Verify results in PRIVATE Ensure that TNC and FNC results are discussed in private with the employee Page 5 of 18 Quick Reference Guide for Employers June 2010 2 0 MY COMPANY PROGRAM ADMINISTRATORS Program Administrators also manage the site administration of their company Program Administrators use t
11. he My Company menu to Add General Users Add other Program Administrators located at his or her site Change or update company profile information Terminate his or her company s access to E Verify 2 1 ADD NEW USER Only Program Administrators can register E Verify users If you are a program administrator and you need to add a new E Verify user follow the steps outlined in Add New User Process Overview ADD NEW USER PROCESS OVERVIEW gt Log in to E Verify gt Select My Company gt Click Add New User Choose General User or Program Administrator Provide the person s name phone number fax number and e mail address click Next Choose a new User ID and create a temporary password Accept the system generated User ID or create a new User ID gt Review the information submitted and click Submit New User Provide the new user the User ID and system generated password 2 2 VIEW EXISTING USERS Only Program Administrators can view user information and reset passwords View Existing Users allows you to view search and maintain the General Users and Program Administrators assigned to your company as demonstrated in the View Users Process Overview VIEW EXISTING USERS PROCESS OVERVIEW gt From My Company select View Existing Users My Company Edit Company Profile Add New User View Existing Users Close Company Account gt Search for a user
12. he documents provided are valid The photo matching step occurs automatically when you create a case for an employee that has presented a Permanent Resident Card Form 1 551 or an Employment Authorization Document Form 766 for their Form 9 documentation When the employee presents either of these two documents and the Form 9 information entered by the employer matches DHS records the employee s photo automatically displays on the E Verify screen You must obtain a copy of the employee s document in order to match the photos Matching photos is easy simply compare the photo displayed by E Verify to the photo on the employee s document and determine if the photos are reasonably identical This means that the photos should be identical but you should take into account minor variances in shading and detail between the two photos based upon the age and wear of the employee s document the quality of your computer monitor and the watermark on the photo in E Verify to protect it from unlawful use Do not compare the photo displayed by E Verify to the employee directly The direct comparison between the document and the individual happens during Form 9 completion prior to using E Verify The Photo Matching Overview provides a summary REMINDER nee Employees always have a choice of which acceptable documents to present for Form l 9 completion Photocopies must be made of all Forms I 551 and Form I 766 presented by employees
13. horized case result e Ensure that the information found in E Verify matches with the employee s Form I 9 e Close Case EMPLOYEE ACTION 3 5 REQUEST NAME REVIEW In some cases E Verify generates a case result of Employment Authorized but the name returned in E Verify does not match exactly with the name on Form l 9 This happens when the information matches but there are name variations in the DHS records You must review the employee s name before a final case result can be determined This will ensure that the case result belongs to the intended employee A case sent to DHS for name review is updated with one the following results EMPLOYMENT AUTHORIZED DHS TENTATIVE NONCONFIRMATION TNC Each case result requires different actions or steps to continue or close the case These actions are outlined in each case result section throughout this manual SUMMARY OF ACTIONS EMPLOYER ACTION e Determine if a name review is required if not Close Case e Click Continue e Input reason for name review request in comments field e Click Submit Name Review Request e Wait to hear back from DHS and follow steps outlined in DHS Verification in Process EMPLOYEE ACTION Page 11 of 18 Quick Reference Guide for Employers June 2010 4 0 INTERIM CASE STATUS An interim case status requires additional action before E Verify can provide a final case result and you can complete the process Interim case
14. inal case result and be closed This Case Alert is an easy way to manage these cases WORK AUTHORI ZATION DOCUMENTS EXPIRING The Work Authorization Docs Expiring Case Alert is a notification that an employee s Employment Authorization Card or Form l 94 document is expiring This type of alert will only appear if the document the employee presented for the original E Verify case was either an Employee Authorization Card or a Form l 94 This is simply a helpful alert that will remind you to re verify the employee by updating Section 3 of Form Il 9 The employee cannot be re verified in E Verify Page 17 of 18 Quick Reference Guide for Employers June 2010 6 0 CASE REPORTS There are three types of case reports available in E Verify for companies enrolled as Employers These include Corporate Overview of Pilot Usage User Audit Report and User Report To view a report select View Reports from the E Verify Home Page 6 1 CORPORATE OVERVIEW OF PILOT USAGE The Corporate Overview of Pilot Usage report displays the number of cases created by your company within a fiscal year If your company has not created any cases during the fiscal year a report will still appear with a total of zero This report is available to Program Administrators and Corporate Administrators 6 2 USER AUDIT REPORT The User Audit Report provides summary case information about each case that matches the user criteria entered The case information incl
15. ivileges to create or manage cases are granted All E Verify users are bound by the guidelines set forth in the MOU and the rules and responsibilities outlined in the User Manual for Employers USER ROLE PERMISSIONS Program A company must have at least one program administrator Administrator The program administrator role includes functions of a General User Permissions include at least one o required e Registering new users e Creating user accounts for other Program Administrators and General Users e Creating and managing cases e Viewing reports e Updating profile information for other program administrators and general users e Unlocking user accounts General User A company can have as many general users as it desires but is not required to have general users Permissions include ional optional e Creating and managing cases e Viewing reports e Updating his her own user profile Page 3 of 18 Quick Reference Guide for Employers June 2010 All Employers must follow specific rules and responsibilities outlined below RULES AND RESPONSIBLITIES All Employers participating in E Verify MUST Follow E Verify procedures for all new hires while enrolled participating in E Verify Notify all job applicants of E Verify participation Clearly display both the English and Spanish Notice of E Verify Participation and the Right to Work Poster s Complete the Form l 9 Employment Eligibility Verification for
16. ny Edit Company Profile Add New User View Existing Users Close Company Account gt To modify any section of the Company Information page click View Edit in the section you want to modify i e Company Name and Physical Location Points of Contact NAICS Code Total Hiring Sites and Total Points of Contact Company Information Company Name Sample Designated Agent Company ID Number 13859 Doing Business As DBA Name DUNS Number Physical Location Mailing Address Address 1 Green Street Address 7 Address 2 Address 2 City New York City State NY State Zip Code 10001 Zip Code County NEW YORK Additional Information Employer Identification Number 0 Total Number of Employees 100 to 499 Perform verifications for your company s employees Parent Organization Administrator Organization Designation yes Employer Category None of these categories apply 921 EXECUTIVE LEGISLATIVE AND OTHER GENERAL P eae ae ee GOVERNMENT SUPPORT a LEI Total Hiring Sites i View j Edit Total Points of Contact 2 gt Make the required changes and click Submit IMPORTANT After you click Submit the Program Administrator cannot undo any changes that have been entered without manually reentering the original information Page 8 of 18 Quick Reference Guide for Employers June 2010 3 0 E VERI FY CASE OVERVIEW The first step in the verification process is to take the info
17. results include SSA or DHS Tentative Nonconfirmation Employee Referred Review and Update Employee Data DHS Verification In Process SSA or DHS Case in Continuance 4 1 TENTATIVE NONCONFIRMATION TNC A Tentative Nonconfirmation TNC results when the information submitted in E Verify does not initially match the information in the SSA or DHS records There are two types of TNCs SSA TNC and DHS TNC A TNC does not mean that the employee is not authorized to work in the United States NOTIFY EMPLOYEE OF TNC You must inform the employee of the TNC case result as soon as possible Additionally all case results must be discussed with the employee in a private setting After being notified of the TNC the employee chooses to either contest the case result or not contest The employee must acknowledge their decision on the TNC Notice When an employee chooses to contest a TNC it means that the employee will initiate contact with SSA or DHS If the employee chooses not to contest he or she acknowledges that the employer may terminate employment with no civil or criminal liability as noted in Article II Section C Responsibilities of the Employer 6 in the MOU If the employee chooses to accept the case result and take no further action then you can close the case in E Verify and the employer can terminate employment without penalty Page 12 of 18 Quick Reference Guide for Employers June 2010 SUMMARY OF ACTIONS
18. rmation from the employee s completed Form 9 and create a case in E Verify E Verify makes employment eligibility determinations by comparing the employee s Form 9 information entered in E Verify with the information contained in DHS and SSA records Information from Form l 9 is entered into E Verify and a case result is provided Case results ultimately determine an employee s work eligibility This section outlines the steps required to create a case in E Verify and the initial case results provided by E Verify 3 1 CREATE A CASE A case must be created no later than the end of three business days after the employee begins work for pay The date you enter into the hire date field in E Verify is usually the date the employee began work for pay This is the date that was entered into the Section 2 Certification on Form l 9 The E Verify case can be created before the employee begins work for pay as long as the employee has accepted an offer of employment and Form l 9 is complete In these situations the date you should enter into the hire date field in E Verify is the date you create the case in E Verify You cannot enter a future date in the hire date field Employees hired before November 6 1986 are neither subject to Form l 9 nor verification through E Verify To create a case take the information that the employee completed on their Form l 9 and enter it into E Verify To enter this information into E Verify you must first log in
19. udes the case verification number the date the case was initiated the SSN alien number 94 number last name first name interim verification eligibility or case result additional verification eligibility final verification eligibility and employer resolution code 6 3 USER REPORT This report displays a detailed list of your company s users It includes each users name user role contact telephone number and the last date he or she used E Verify Page 18 of 18 Quick Reference Guide for Employers June 2010
20. using the criteria displayed in each field You can enter a partial name and Page 6 of 18 Quick Reference Guide for Employers June 2010 a percent sign as a wildcard character Enter User Search Criteria User Role All Roles O Program Administrators O General Users User Status 5 All O Locked O Password Change Required User Last Name First Name Phone Number E mail Address Display User Summary List gt Click Display User Summary List gt A list of user accounts displays you can view or modify a user account by selecting the user ID User Summary List Previous Mani Last First Last Login Logged Company User Roe Name Hame Date Status Locked On Sample DASAMPGU Designated agent Sample 55006656 Designated agent General 0318 2010 User Sample E Verify 02 55 PM Current Pl General 0316 2010 f i User shat oan 10 11 AM Curren Previous Mani 2 3 MY COMPANY To update company information in E Verify complete the steps in the Update Company Information Process Overview Once a Program Administrator has updated the company s profile he or she will be subject to the rules and requirements associated with this profile and have access to all online resources specific to that profile UPDATE COMPANY INFORMATION PROCESS OVERVIEW gt From My Company select Edit Company Profile Page 7 of 18 Quick Reference Guide for Employers June 2010 My Compa
21. with your assigned user ID and password and then follow the steps outlined in How to Create a Case Process Overview HOW TO CREATE A CASE PROCESS OVERVIEW gt From My Cases click New Case gt Select the correct option button from Section 1 of the employee s Form l 9 click Continue gt Indicate the documents provided from Section 2 of the employee s Form l 9 click Continue Enter all required information from Section 1 and 2 of Form I 9 into each text field gt If a case is not created within three days of hire E Verify will prompt you to indicate the reason for the delay NOTE Employer Case ID is an optional field for users that wish to assign an internal tracking code to a case 3 2 INITIAL CASE RESULTS The information entered into E Verify is checked against SSA and DHS records Once a case Is created a result is displayed There are three possible initial case results listed below Employment Authorized e SSA Tentative Nonconfirmation Page 9 of 18 Quick Reference Guide for Employers June 2010 DHS Verification in Process Additional information about each case result is available in the User Manual for Employers found in View Essential Resources 3 3 E VERIFY PHOTO MATCHING Photo matching is an automatic part of creating a case in E Verify that prompts users to compare an employee s photo ID with a photo displayed on the E Verify screen This helps ensure that t
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