July-August 2013

Issue link: http://ailahub.aila.org/i/155919

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NAVIGATE RESOURCES: Table of Contents InfoNet aila.org Find a Member ? ! Contact a Mentor Shop Agora FOR MORE ON E-VERIFY: also provide those agencies with information regarding ongoing administrative and criminal investigations when requested. How Does E-Verify Work? Employers submit information provided on an employee's Form I-9 in to the E-Verify website. The EVerify system will return one of three results: • Employment Authorized: the employee is authorized to work. • SSA Tentative Nonconfirmation (TNC): there is an information mismatch in the SSA database. • DHS Verification in Process: DHS will usually respond within 24 hours with: • Employment Authorized or • DHS Tentative Nonconfirmation If the employee is Employment Authorized, employers record the result and close the case in E-Verify to complete the Form I-9/E-Verify process. If the employee receives a TNC, however, the employer must follow specific detailed steps to resolve the TNC. Failure to follow the TNC process can result in significant penalties. E-Verify Timing Employers must complete the Form I-9 before entering any employee information into E-Verify. Employers must enter the employee's Form I-9 information into E-Verify for all newly-hired employees no later than the third business day after the employees' start date. If the employee does not have a Social Security number (SSN), the employer must note the Form I-9 and set it aside until the employee obtains an SSN. The employer will need to monitor and follow up with the employee and should create an E-Verify case once the employee has an SSN. Dotting the Is and Crossing the Ts of I-9 Compliance (Conference Recording) Purchase > Fundamentals of Employer Sanctions: I-9s for Beginners (Conference Recording) Purchase > The New Form I-9 and How It Affects You (Seminar Recording) Purchase > Posters Once enrolled in E-Verify, employers are required to post certain notices in English and Spanish in an area visible to prospective employees (which may include the employer's website): • E-Verify participation • OSC anti-discrimination notice Additional Form I-9 Process Requirements When an employer participates in E-Verify, the Form I-9 rules for that employer alter slightly. For example, if an employee presents a "List B" identity document during the Form I-9 process, E-Verify users may only accept it if it contains a photo. In addition, the E-Verify photo match tool allows the employer to match the photo on a document to the photo that DHS has on file for that employee, which helps to detect document fraud. As a result, if an employee chooses to provide one of the following documents, the employer is required to make a photocopy of the document and retain it with the Form I-9: J ULY/ A UGUST 2013 13

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