E-Verify Enrollment for AZ Employers · E-Verify Enrollment for AZ Employers. Presented by: Yu...
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E-Verify Enrollment for AZ Employers Presented by: Yu-Ting C. Adler [email protected] Management and Program Analyst U.S. Citizenship and Immigration Services
Transcript of E-Verify Enrollment for AZ Employers · E-Verify Enrollment for AZ Employers. Presented by: Yu...
E-Verify Enrollment for AZ Employers
Presented by: Yu-Ting C. Adler [email protected]
Management and Program Analyst U.S. Citizenship and Immigration Services
• Background • Form I-9 and E-Verify Work Together • What is E-Verify? • How to enroll? • Resources
Agenda
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In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA).
IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States.
The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).
Background
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Presentation Notes
In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform & Control Act (IRCA). IRCA states that no employer is allowed to knowingly hire individuals who are not authorized to work in the US The Immigration Reform & Control Act created the need for Form I-9. Form I-9 is a tool to help enforce the law and make certain that employers verify that individuals are authorized to work in the US Employers are required to do the Form I-9. Employers who knowingly violate or circumvent the Form I-9 process, or anti-discrimination requirements of the INA, may be subject to civil and/or criminal penalties. The employment eligibility verification provisions and sanctions of IRCA are found in Section 274A of the Immigration and Nationality Act (INA)
• All employees MUST
Complete Form I-9, Section 1 by 1st day of work for pay
Choose and present acceptable documents by 3rd business day after work for
pay
• All employers including federal agencies MUST
Have Form I-9 for all current employees and those within retention period
(hired after November 6, 1986)
Use Form I-9 with revision dated 07/17/17 N, for new hires and reverifications
Complete Form I-9, Section 2 by 3rd business day after work for pay
Not use Form I-9 to prescreen
Form I-9 & E-Verify Work Together Form I-9 Compliance
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• All employees of E-Verify employers:
Must provide Social Security number on Form I-9
Select acceptable List B document with photo, if provided for Form I-9
• All E-Verify employers including federal agencies MUST:
Use a completed Form I-9
Create E-Verify case by 3rd business day after work for pay
Enter employee e-mail address into E-Verify if provided on Form I-9
Keep copy of photo matching document, if provided
Reverify Section 3 of Form I-9 only
Form I-9 & E-Verify Work Together E-Verify Compliance
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• Prohibits business from knowingly or intentionally hiring an “unauthorized alien” after December 31, 2007.
• Requires employers in Arizona to use E-Verify to verify the employment authorization of all new employees hired after December 31, 2007.
• Legal Arizona Workers Act
Legal Arizona Workers Act
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First offense – Temporary AZ business license suspension for 10 days. Second offense – Permanent AZ business license suspension.
• Free web-based service that’s fast and easy to use
• Electronically verifies the employment eligibility of Newly hired employees Existing employees assigned to work
on a qualifying federal contract * • Partnership between the U.S.
Department of Homeland Security (DHS) and the Social Security Administration (SSA)
What is E-Verify?
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Presentation Notes
Items to discuss: System is Fast, Free, and Easy to use web-based service Electronically verifies the employment eligibility of newly hired employees and/or Do not use E-Verify for existing employees unless 1) you are a federal contractor with a contract that includes the E-Verify Federal Acquisition Regulation (FAR) clause.
State E-Verify Requirements
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Enacted legislation requiring
mandatory use of E-Verify that may
include most employers,
various public entities /
contractors
FL
MN
TX
OK
CO UT
NE
ID
AZ
GA AL MS
LA
SC
IN
MO
PA
TN NC
VA
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Presentation Notes
Check with state legislation where you have hiring sites and be sure you are abiding by the E-Verify MOU.
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Access Methods
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Presentation Notes
Items to discuss: The different access methods are: Employer Access Method Most Common Allows you to run new hires/existing employees assigned to a fed contract Allows you to run reports E-Verify Employer Agent Access role for a third party running their client’s cases through the E-Verify Must sign an MOU and have each client company sign separate MOU’s as well Corporate Administrator Access Method Allows you to create, manage, and administer new and existing user accounts. You can run reports within the system. You CANNOT create cases in the system as a Corporate Administrator Access Method Web Services Company will need to design and build a software interface to extract data from E-Verify. E-Verify will provide the necessary software requirements. Both employers and E-Verify employer agents are eligible to use this access method.
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How Enroll
Before you begin using E-Verify, it’s important to: Set aside time to complete the enrollment process Make sure your company is not already enrolled Review the E-Verify Memorandum of Understanding (MOU) (PDF, 149.63 KB)
Enrolling in E-Verify is easy, but if you need help or have questions:
Read the Quick Reference Guide for E-Verify Enrollment (PDF, 1.25 MB) Review the Enrollment Checklist Participate in an E-Verify Webinar Contact the E-Verify Contact Center Visit the E-Verify Enrollment page to begin enrollment
How Enroll Resources
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https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
https://www.e-verify.gov/sites/default/files/everify/guides/EVerifyEnrollmentQuickReferenceGuide.pdf
In April 2018, E-Verify released a modernized system that helps users:
Comprehend and navigate system easily
Save time during the verification process
Improve system integrity Visit E-Verify Modernization to learn more about E-Verify enhancements
E-Verify Modernization
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Some of the enhancements made were made based on feedback from E-Verify users.
Form I-9 & E-Verify Work Together
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I-9 Process I-9 Process with E-Verify Employee completes Form I-9, Section 1.
• Employee must include SSN when completing Form I-9, Section 1.
• If the employee has not been issued his SSN, complete Form I-9 as usual and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify.
• If employee provides email address, employer MUST enter it into E-Verify.
Employee chooses which acceptable document(s) to present.
• Employee chooses which acceptable document(s) to present.
• If a List B document is chosen, it MUST contain a photograph.
• If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9.
Employer completes Form I-9, Section 2.
• Employer completes Form I-9 Section 2.
If necessary, employer updates or re-verifies employee’s work eligibility in Section 3.
• E-Verify Case Status will prompt employer to update or reverify in Section 3 or Form I-9. However, a case should NOT be created in E-Verify.
I-9 Process with E-Verify
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NOTE: All documents must be unexpired. Names should appear on Form I-9 exactly as they appear on documents. No nicknames should be used.
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Presentation Notes
Revised Form I-9 with revision date of 07/17/17 All employers are required to complete a Form I-9 for any employee hired after Nov 6, 1986. Form I-9 itself does not require the employee’s SSN. Once become an E-Verify participant it is required If employee provides email address in Section 1, employer must enter into Everify when creating the case The List of Acceptable Documents should be provided to the employee and from that they can choose which List A document or combination of List B & C documents they wish to provide. Once you become an E-Verify user you must do the following: Accept any List B document from an employee that contains a photograph, if they choose to present a List B doc Make and retain a photocopy if the employee chooses to present one of the 3 photomatching documents (I-766, I-551, and U.S. Passport or Passport Card) Section III of the Form I-9 is generally for Reverification of an employee’s expiring work eligibility When an employee’s work authorization is reverified in Section 3 of the Form I-9, you DO NOT create another E-Verify case for the employee.
Employee Rights
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The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:
Citizenship or immigration status discrimination* National origin discrimination* Document abuse during Form I-9 process Retaliation
* Actual or perceived
Preventing Discrimination
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Linked to “Preventing Discrimination” portion of I-9 Central The anti-discrimination provisions of the INA prohibit 4 types of unlawful conduct: Citizenship or immigration status discrimination* National origin discrimination* Document abuse during Form I-9 process Retaliation
The anti-discrimination provisions of the INA are enforced by:
Department of Justice Civil Rights Division Immigrant and Employee Rights Section
• Employees may contact the Immigrant and Employee Rights Section (IER) to obtain additional information regarding employment discrimination and employee rights and responsibilities*
1-800-255-7688 (TDD: 1-800-616-5525)
• Employers may also contact IER* 1-800-255-8155 (TDD: 1-800-362-2735)
*callers may remain anonymous See IER’s “Employer Dos and Don’ts.”
Immigrant and Employee Rights Section (IER)
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(Title is live link to IER page) Two phone numbers: Employees may contact IER if they feel they have been discriminated against or to obtain additional information regarding discrimination and employee rights and responsibilities. Employers may contact IER for more information on anti-discrimination laws and employment verification. Both employees and employers may call anonymously. List of Dos and Don’ts. The link to those lists is shown here and is an active link
Resources
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Engage with us online and via Social Media
Visit our brand new www.E-Verify.gov
Check out our Videos, E-Verify User Manual, Job Aids, Fact
Sheets, Reports and more on the Employer Resources page
Check out our additional websites I-9Central, myE-Verify
Subscribe to our E-Verify Connection newsletter
Follow #E-Verify on www.Twitter.com/EVerify
Watch us on www.youtube.com/uscis
Additional Resources
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Take advantage of our FREE Outreach services
Take additional public webinars
Request event speakers, customized webinars, or content for
your publications
Seek approval for E-Verify® Logo Authorization
Contact our award winning customer service
E-Verify e-mail: [email protected]
Additional Resources Outreach Services
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Presentation Notes
We also have additional FREE resources available for your convenience. Check out our public webinar schedule, and take a free webinar on any one of our additional employment eligibility verification topics: Form I-9 E-Verify Overview E-Verify for Web Service Users E-Verify for Federal Contractors myE-Verify Employee Rights (in partnership with Department of Justice, Immigrant Employee Rights Section) Employer Responsibilities (in partnership with Department of Homeland Security Immigration and Customs Enforcement and Department of Justice, Immigrant Employee Rights Section) Also, our subject matter experts would be happy to partner with you at your upcoming event or conference around the nation. We are available to present and or exhibit in person and can also provide customized webinars and other virtual services. Please email us at [email protected] to start the conversation. And remember that all E-Verify employers can request to use the E-Verify logo for free. Manty E-Verify employers like to use our logo on their website, in their job announcements and in other ways to demonstrate their commitment to ensuring a legal workforce. Please submit your application today.
Share your feedback
E-mail webinar comments (with date, time and topic) to
Submit Form I-9, E-Verify and myE-Verify idea and feedback
on E-Verify Listens
Additional Resources Feedback
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And last but not least, we welcome your feedback about today’s webinar and about E-Verify, Form I-9, myE-Verify or any employment eligibility verification topic.
Immigration law can be complex and it is not possible to describe every aspect of the process.
This presentation provides basic information to help you become generally familiar with rules and procedures.
For more information on the law and regulations please see our Web site: www.e-verify.gov
Disclaimer
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COMMENTS ON OUR WEBINAR?
Send to:
*Include date, time and topic of the webinar
THANK YOU!
www.e-verify.gov
Feedback
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