Questions and Answers
What are the E-Verify privacy guidelines that must be used to protect personal information and comply with the appropriate privacy regulations?
Allow only authorized users to use E-Verify, Secure access to E-Verify, Protect and store employee information properly, Discuss E-Verify results in private.
What must an employer and employer agent do to ensure employees are treated equally and fairly when using E-Verify?
Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9 is complete, Ensure employees who receive a Tentative Nonconfirmation (Mismatch) are given an opportunity to take action, Not take any adverse action against an employee because of a mismatch until E-Verify issues a Final Nonconfirmation.
Which rules must all E-Verify employers and employer agents follow?
Create a case for each newly hired employee no later than the third business day after they start work, Complete Form I-9 for each employee before creating a case, Provide written notice of mismatch to employees, Clearly display E-Verify Participation and Right to Work posters, Not take adverse action against employees resolving a mismatch.
What must employers and employer agents participating in E-Verify NOT do?
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How does E-Verify work?
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Do federal contractors with the FAR E-Verify clause in their contracts have the same policies and procedures for using E-Verify as other employers?
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What is the timeframe by which an employer must create an E-Verify case after the employee begins work for pay?
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What is the employee's first day of employment that must be used to create an E-Verify case?
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What is the photo that appears in E-Verify compared to?
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What does an E-Verify case result of Employment Authorized mean?
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What does an E-Verify Final Nonconfirmation case result mean?
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Are employers required to close every E-Verify case?
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What does Tentative Nonconfirmation (mismatch) mean?
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What does Automatic Close Case refer to in E-Verify?
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What does Employment Authorized mean in E-Verify?
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What does E-Verify Needs More Time mean?
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What does Case in Continuance mean?
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What does Close Case and Resubmit mean in E-Verify?
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What does Final Nonconfirmation mean?
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Study Notes
E-Verify Privacy Guidelines
- Only authorized users are permitted access to E-Verify.
- Access to E-Verify must be secured.
- Employee information must be properly protected and stored.
- Discussion of E-Verify results should occur in private settings.
Employer Fairness and Equality
- Create E-Verify cases only after an applicant accepts a job offer and completes Form I-9.
- Employees receiving Tentative Nonconfirmations must be given opportunities to respond.
- Avoid adverse actions against employees until a Final Nonconfirmation is issued by E-Verify.
Rules for E-Verify Employers and Agents
- Cases must be created for newly hired employees no later than the third business day after starting work.
- Complete Form I-9 prior to creating an E-Verify case.
- Must provide written notice of any mismatch to employees and allow them 8 federal workdays to resolve it.
- Display Notice of E-Verify Participation and Right to Work posters prominently in both English and Spanish, with options for other languages available from DHS.
- No adverse action can be taken against employees addressing mismatches, regardless of resolution time.
Prohibitions for E-Verify Employers and Agents
- Do not use E-Verify for employees hired before signing the E-Verify MOU, except for federal contractors under specific regulations.
- Avoid selective verification based on employee eligibility.
- Do not use E-Verify in a discriminatory manner against any job applicant or employee.
- Pre-screening of job applicants using E-Verify is prohibited.
E-Verify Process Overview
- E-Verify compares employee Form I-9 data with SSA or DHS records to confirm employment eligibility.
E-Verify Policies for Federal Contractors
- Federal contractors have unique guidelines regarding verification processes, found in the 'E-Verify Supplemental Guide for Federal Contractors'.
Timeframe for Creating an E-Verify Case
- An E-Verify case must be created no later than the third business day after the employee starts work.
Employee's First Day for E-Verify
- The first day of employment for E-Verify case creation is when the employee begins work for pay.
Photo Comparison in E-Verify
- Photos in E-Verify are compared to those on the employee's Form I-9 document.
E-Verify Case Outcomes
- Employment Authorized: Indicates employee information matched DHS/SSA records.
- Final Nonconfirmation: Indicates inability to verify employment eligibility after USDA or SSA contact.
Case Management in E-Verify
- Employers are required to close every E-Verify case by the end of the verification process.
Tentative Nonconfirmation Definition
- A mismatch in data entered into E-Verify compared to DHS and/or SSA records.
Automatic Close Case Definition
- An EMPLOYMENT_AUTHORIZED status results in the case being marked as CLOSED.
Additional Case Outcomes
- E-Verify Needs More Time: The case has been referred to DHS for further verification.
- Case in Continuance: Additional time is required due to employee contact with DHS or SSA.
- Close Case and Resubmit: Instruction to create a new case required due to incorrect document information.
- Final Nonconfirmation: E-Verify cannot confirm eligibility even after employee engagement with DHS or SSA.
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Description
This quiz explores the essential guidelines for employers utilizing E-Verify, covering privacy, fairness, and compliance rules. Understand the key responsibilities and protocols that ensure a smooth verification process while protecting employee information. Test your knowledge on how to maintain fairness and equality during the E-Verify process.