I-9 and E-Verify Training
06.17.15
Agenda
• Background
• I-9 Form Overview
• E-Verify Overview
• Tentative NonConfirmation Process
• Sterling System Training
• Q&A
2
Background
• 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
• Form I-9 was designated as the means for an employer to document
they’ve verified an employee is eligible to work in the U.S.
• Individuals who may legally work in the United States are:
» Citizens of the United States
» Noncitizen nationals of the United States
» Lawful Permanent Residents
» Aliens authorized to work
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Employment Verification
• To Comply with the employment eligibility verification provisions, an
employer must:
» Verify the identity and employment authorization documents of employees
hired after November 6, 1986
» Complete and retain a Form I-9 for each employee hired after November 6,
1986
» Refrain from discriminating against individuals on the basis of actual or
perceived national origin, citizenship or immigration status.
• Rules have changed over the years
» Form I-9 has been revised multiple times since its inception.
» Each I-9 form has an expiration date and once the form expires, the older
version of the form can no longer be used.
» Effective December 17 2008, expired documents became no longer
acceptable forms of ID
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Form I-9 Requirements
• All U.S. employers must have a Form I-9 on file for all current
employees
» Exception: Employers are not required to have a Form I-9 for employees hire
on or before November 6, 1986
• You are NOT required to complete Form I-9 for:
» Independent contractors
» Employees working outside the United States. United States includes: 50
States, District of Columbia, Guam, Puerto Rico, U.S. Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
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Penalties
• The U.S. Immigration and Customs Enforcement (IRCA) includes penalties for I-
9 noncompliance:
» According to the I-9 form, "federal law provides for imprisonment and/or fines for false
statements or use of false documents in connection with the completion of this form." An
employer who hires an unauthorized worker can be fined between $250 and $5,500 per
worker. In addition, such an employer can be barred from federal government contracts for a
year. An employee who knowingly accepts fraudulent documentation can also be criminally
prosecuted under other immigration laws.
• An employer who fails to keep proper records that I-9s are properly filed:
» Can be fined $110 per missing item for each form, up to $1,100 per form, even if the employee
is legally authorized to work in the US.
» Since 2009, Immigration & Customs Enforcement (ICE) has conducted over 7,500 audits and
imposed over $80 million in fines. In 2011 alone, ICE conducted 2,740 audits and assessed
over $7 million in fines.
• An individual who knowingly commits or participates in document fraud may:
» Be fined between $375 and $3,200 per document for the first offense, and between $3,200 and
$6,500 per document for subsequent offenses.
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Form I-9
Employee
completes
Section 1 of
the I-9 form
in the Sterling
site either
prior to or on
their first day
of work.
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Form I-9
Employer
completes
Section 2 of
the I-9 form
in the Sterling
site within
3 business
days of the
employee’s
hire date.
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Acceptable Documents
• A complete list of the documents that are acceptable to establish
employment eligibility can be found on the USCIS website:
http://www.uscis.gov/i-9-central/acceptable-documents
» The IDs must be presented on the employee’s first day of work, no later than
the 3rd business day after hire
» The employer must examine the documents presented to ensure:
• Documents are the originals (copies are NOT acceptable).
• Documents are unexpired
» If the employee does not present ID(s) that meet this criteria within the
required timeframe, they must be terminated at the end of their third day of
work.
» Copies of the documents should NOT be retained.
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Receipt Rule
• Receipts may be used as temporary proof of employment eligibility
when the document has been lost, stolen or damaged.
» The receipt must be issued by the originating agency
» The employee must present a replacement document within 90 days of the
hire date.
• If Section 2 of the I-9 is completed using a receipt, the Sterling
system will send a re-verification reminder to update the I-9 with the
ID the employee received.
10
Reverification and Rehires
• The employee must be reverified using Section 3 if his or her
temporary employment authorization has expired.
• You may complete section 3 if you Rehire the employee within 3 years
of the date of initial execution of the Form I-9
» It is recommended a new Form I-9 be completed for rehires, but completing
Section 3 is allowable
» If the I-9 form is no longer available, a new I-9 form must be completed for
rehired employees.
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About E-Verify
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Submitting an E-Verify Case
• Once you’ve completed an I-9 form in the Sterling site, there is a link
at the bottom of the form to “Submit E-Verify”. This creates the EVerify Case:
» E-Verify compares the information entered on the Form I-9 with the information contained in the
Social Security Administration (SSA), Department of Homeland Security (DNS), and U.S.
Department of State (DOS) records.
» E-Verify cannot be run when an employee has presented a receipt for their I-9. The E-Verify
case must be run once the employee presents the original ID within 90 days of hire.
» If you discover that an E-Verify case was not completed within 3 days of hire, you must
immediately submit the E-Verify case to bring the company into compliance, and enter the
reason why the case was not created within 3 days of hire.
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E-Verify Initial Case Results
Employment
Authorized
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•The employee’s information matched DHS and/or SSA
records.
•Close the case; no further action required!
DHS or SSA
Tentative
NonConfirmation
•The information entered does not initially match the
information in the SSA, DHS or DOS records.
•Employee must be notified as soon as possible and given
the opportunity to contest the result.
DHS Verification
in Process
•The information entered did not match DHS records. The
case is automatically referred to DHS for further verification.
•No action is required by you at this time. DHS will respond
to most cases within 24 hours, although some responses
may take up to 3 days.
E-Verify Tentative NonConfirmation
• When the Initial Case Result is Tentative NonConfirmation (TNC),
additional steps are required:
» A Further Action Notice will generate in the Sterling system. This notice should be
printed, and presented to the employee in a confidential setting. The Further Action
Notice explains what a TNC is and explains how to visit or contact an SSA or field
office or DHS.
» The employee must be given the opportunity to contest the TNC result. If they
choose to contest:
•
Indicate this in the Sterling system. Once that’s done, a second letter will generate that
should be given to the employee. The second letter will provide them with contact
information and timeframe required to correct the TNC. The employee will have 8 federal
government workdays to correct the TNC.
» If the employee chooses not to contest, the employee must be terminated at that
time.
IMPORTANT: if the employee contests the TNC, no adverse action
may be taken until the final result is received from E-Verify.
» E-Verify will update the case with a final result, indicating whether they’ve been
able to confirm the employee’s work authorization.
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E-Verify Final Case Results
Employment
Authorized
• The employee’s information matched DHS and/or
SSA records.
• Close the case; no further action required!
DHS or SSA Final
NonConfirmation
• E-Verify cannot verify an employee’s employment
eligibility after the employee has visited SSA or
contacted DHS.
• Employee must be terminated
DHS No Show
Error: Close Case
and Resubmit
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• The employee did not contact DHS or SSA within the
required eight federal government workdays.
• Employee must be terminated
• The case cannot continue because the expiration
date entered for the employee’s ID is incorrect.
• The case must be resubmitted in E-Verify
Closing the Case
• Once an Employment Authorized result is received, don’t forget to
close the case!
» You will be asked two questions before you will be able to close the case
1) Yes, the employee will continue their employment
2) Yes, the employee continues to work for the employer after receiving an
employment authorized result
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Employers Must NOT
• Employers participating in E-Verify MUST NOT:
» Use E-Verify to prescreen an applicant for employment. E-Verify must be
completed after an employee has begun work.
» Take any adverse action against an employee based upon case result unless
E-Verify issues a final nonconfirmation.
» Specify or request which Form I-9 documentation an employee must use. An
employee must be allowed to present any allowable document.
» Use E-Verify to discriminate against ANY job applicant or new hire on the
basis of his or her national origin, citizenship or immigration status.
» Selectively verify the employment eligibility for a newly hired employee. ALL
new hires in the U.S. must have the E-Verify run.
» Share their user ID and/or password.
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Sterling InfoSystems
• The site to be used for processing I-9 Forms and E-Verify Cases is:
https://www.formi9.com/FormI9Verify/B2BPortalLogin.aspx?AlliancePa
rtnerID=SterlingWest&AlliancePartnerLogin=SWestlogi9&AlliancePart
nerPassword=SterlingWi9pw
• The Sterling system includes error detection so that every I-9 form
completed in the system includes all required fields filled in correctly,
ensuring the I-9 form is in compliance.
• Sterling is responsible for retaining the I-9 form for the required
retention timeframe after an employee leaves the company. HRSS
provides them with the termination dates to update the system- no
action required from HR or the I-9 processor.
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Sterling System Demo/Refresher
• Let’s process a sample I-9 Form and E-Verify Case:
https://www.formi9.com/FormI9Verify/B2BPortalLogin.aspx?AlliancePa
rtnerID=SterlingWest&AlliancePartnerLogin=SWestlogi9&AlliancePart
nerPassword=SterlingWi9pw
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Process
• The I-9 and E-Verify process can be found on the HR
Knowledgebase: http://www.go2uti.com/hr-helpdesk
Employee Completes Section 1 of Form I-9:
of the Form I-9 prior to or on their first day of work- no
later than the third day of work.
Employer Completes Section 2 of Form I-9:
of the Form I-9 within the first three days of hire
Employer Submits E-Verify Case:
Once the Form I-9 is completed, scroll to the bottom of
the form and click Submit E-Verify
TNC Result:
If result is TNC, provide notice to employee and update
System with their decision to Contest or Not
Employment Authorized Result:
Once you receive an Employment Authorized result,
close the case to finish
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Questions?
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