E-Verify

E-Verify is an internet-based system offered through a partnership between the U.S. Department of Homeland Security’s United States Citizenship and Immigration Services and the Social Security Administration. This no-cost system allows employers to electronically verify the employment eligibility of newly hired employees. E-Verify is an extension of the I-9 process where information obtained from the Form I-9 is entered directly into E-Verify no later than the third business day after the employee’s start date. E-Verify offers fast results for employers while automatically confirming 98% of employees as “work authorized.”

By utilizing this federal system, state agencies comply with Act 402.

Effective Aug. 15, 2011, Act 402 of the 2011 Regular Legislative Session (regarding the hiring of aliens not authorized to work in the United States) provides that an employer shall not be subject to civil penalties pursuant to the provisions of the law upon a showing of either:

1) The citizenship or work authorization status of every employee has been verified by the use of the federal E-Verify System or

2) Each employee has provided a photo ID and one of the following documents which the employer has retained a copy for his records:

a) U.S. birth certificate or certified birth card,
b) Naturalization certificate,
c) Certificate of citizenship,
d) Alien registration receipt card, or
e) U.S. immigration form I-94 (with employment authorized stamp).

Agencies should visit the E-Verify enrollment website and enroll as an Employer.  If agencies wish to enroll using any other access method, please contact a member of the OSUP Benefits and Financial Administration (BFA) Unit prior to enrolling.

Agencies should be aware of some key points before enrolling:

• Each employer account will be assigned a unique E-Verify account number.
• Agencies must determine how they will set up E-Verify accounts and users based on the agency’s organization structure, considering whether this process should be centralized or decentralized. Internal procedures must be developed to outline the method to be used for user ID administration and maintenance. 
• Review the E-Verify Quick Reference Guide to Enrolling and E-Verify Enrollment Checklist prior to enrollment.
• Select at least two (2) program administrators. While E-Verify requires each employer account to register only one program administrator user, OSUP recommends each agency register two (2) users of this type.  The program administrator role provides oversight, registers and manages user IDs, creates cases and runs reports. 
• All program administrators under a specific E-Verify account number can view all information under that unique account number.
• Choose general users. Agencies have the option of registering general users to create cases and view reports.
• Decide who will electronically sign the E-Verify Memorandum of Understanding (MOU). Agencies are responsible for reviewing and signing the MOU.  By signing this document, agencies accept the E-Verify terms of usage for the agency and each user.  The MOU must be signed by an HR Director or someone at a level equal or higher.  The individual enrolling the agency in E-Verify does not have to electronically sign the MOU.  The agency will enter point of contact information for the MOU signer.  The MOU signer has the option of enrolling as a program administrator, but it is not necessary.

Please note that this enrollment process must be completed in a single web session.

After Enrollment:

Once agencies begin using the E-Verify system, verification must be performed on all new employees.  It cannot, however, be used as a prescreening tool for applicants.  Since E-Verify is a companion to Form I-9, agencies should mirror their Form I-9 process for E-Verify when considering employees who transfer from one agency to another agency.

After E-Verify users have enrolled, each user will receive an email confirmation within 48 hours detailing a username, password, and links to the E-Verify User Manual and tutorial.  Prior to working in the system, each user is required to view and complete an online tutorial.

Additionally, two (2) E-Verify posters are required to be clearly displayed for current and potential employees.  For more information, free webinars, educational videos, and customer service, please visit http://www.dhs.gov/e-verify or call 888-464-4218 for E-Verify Customer Support for Employers.