E-Verify Guidelines for Employers

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?

Use E-Verify on employees hired before signing the E-Verify MOU unless a Federal contractor, Selectively verify employment eligibility, Use E-Verify to discriminate based on national origin, citizenship, or immigration status, Use E-Verify to pre-screen applicants. Signup and view all the answers

How does E-Verify work?

E-Verify works by comparing the information on an employee's Form I-9 with records available to the SSA and/or DHS. Signup and view all the answers

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?

False Signup and view all the answers

What is the timeframe by which an employer must create an E-Verify case after the employee begins work for pay?

No later than the third business day after the employee started working. Signup and view all the answers

What is the employee's first day of employment that must be used to create an E-Verify case?

The first day of employment in exchange for wages or other remuneration. Signup and view all the answers

What is the photo that appears in E-Verify compared to?

The photo on the employee's Form I-9 document. Signup and view all the answers

What does an E-Verify case result of Employment Authorized mean?

The employee's information matched with DHS and/or SSA records. Signup and view all the answers

What does an E-Verify Final Nonconfirmation case result mean?

DHS or SSA cannot verify an employee's employment eligibility. Signup and view all the answers

Are employers required to close every E-Verify case?

True Signup and view all the answers

What does Tentative Nonconfirmation (mismatch) mean?

Information entered into E-Verify does not match records available to DHS and/or SSA. Signup and view all the answers

What does Automatic Close Case refer to in E-Verify?

When a case receives an EMPLOYMENT_AUTHORIZED status, users will now see CLOSED. Signup and view all the answers

What does Employment Authorized mean in E-Verify?

Employee's information matched records available to DHS and/or SSA. Signup and view all the answers

What does E-Verify Needs More Time mean?

The case is referred to DHS for further verification. Signup and view all the answers

What does Case in Continuance mean?

The employee has contacted DHS or SSA, but more time is needed to determine a final case result. Signup and view all the answers

What does Close Case and Resubmit mean in E-Verify?

DHS or SSA requires that you close the case and create a new case for this employee. Signup and view all the answers

What does Final Nonconfirmation mean?

E-Verify cannot confirm the employee's employment eligibility after the employee contacted DHS or visited SSA. Signup and view all the answers

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.