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Supplemental Guide For E-Verify Employer Agents

Supplemental Guide For E-Verify Employer Agents

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Supplemental Guide for E-Verify Employers Agents | Current as of May 2018

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1.0 Introduction

1.0 Introduction

This guide provides a high level overview of the E-Verify process that E-Verify employer agents must follow when using E-Verify on behalf of their clients. E-Verify employer agents must follow the guidelines set forth in the E-Verify Memorandum of Understanding for E-Verify Employer Agents and use this guide as a supplement to the E‑Verify User Manual.

For purposes of this manual, the term “E-Verify employer agent” means any person, company, or other entity that provides the service of using E-Verify to confirm employment eligibility of employees of third-party employers (or clients). Clients are required to complete Form I-9, Employment Eligibility Verification, for all new employees and must follow the guidelines set forth in the Memorandum of Understanding for Employers Using an E-Verify Employer Agent (or client MOU).

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1.1 Privacy And Security Statement

1.1 Privacy And Security Statement

The use of E-Verify requires the collection of personally identifiable information (PII). Employers must protect the privacy of employees who submit information to be processed through E-Verify and ensure that all personal information collected is safeguarded and used only for the purposes outlined in the MOU.

E-Verify protects PII in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) by annually disposing of E-Verify records that are over 10 years old. This minimizes security and privacy risks associated with U.S. government retention of PII.

Failure to properly protect employee information can result in identity theft or fraud and can cause considerable inconvenience, harm or embarrassment to the employees or employer affected.

At a minimum, follow the steps in the Privacy Guidelines Overview to protect personal information and comply with the appropriate requirements.

Privacy Guidelines Overview

  • Allow only authorized users to use E-Verify.
    Ensure that only appropriate users handle information and create cases.
  • Secure access to E-Verify.
    Protect passwords used to access E-Verify and ensure that unauthorized persons do not gain access to E-Verify.
  • Protect and store employee information properly.
    Ensure that employee information is stored in a safe and secure location and that only authorized users have access to this information.
  • Discuss E-Verify results in private.
    Ensure that all case results including Tentative Nonconfirmations (TNC) and Final Nonconfirmations are discussed in private with the employee.
INFORMATION
  • Ensure that all personally identifiable information is safeguarded.
  • Provide all clients with training on E-Verify processes, policies, and procedures.
  • Provide ongoing E-Verify training as needed to clients.
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1.2 Form I-9 and E-Verify

1.2 Form I-9 and E-Verify

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire.

Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSN) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all newly hired employees including seasonal, temporary, and rehired employees of E-Verify employers must provide their SSNs.

Additionally, a photo matching step may be triggered if the employee provided a U.S. passport, passport card, Permanent Resident Card (Form I-551), or Employment Authorization Document (Form I-766). When the employee presents one of these documents, your clients must provide you with clear photocopies of the front and back of the documents (or in the case of a U.S. passport, copies of the Passport ID page and the Passport Barcode page). For specific guidance related to Form I-9 and photo matching, refer to the E-Verify User Manual.

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1.3 Create a Case

1.3 Create a Case

E-Verify cases must be created no later than the third business day after the employee starts work for pay. E-Verify employer agents who learn that they inadvertently failed to create a case by the third business day after the employee started work for pay should bring themselves into compliance immediately by creating a case for the employee and indicating the reason that the case was not created within three days of the employee’s first day of employment. E-Verify provides a drop-down list of reasons for you to select or you can provide your own reason in the field provided.

Information used to create an E-Verify case comes from the employee’s completed Form I-9. E-Verify employer agents must obtain Forms I-9 from their clients before creating E-Verify cases on their behalf. Additional information on E-Verify and Form I-9 is available in the E-Verify User Manual.

To use E-Verify, you must first log in with your assigned user ID and password. Then, follow the steps outlined in How to Create a Case – Process Overview.

How to create a case – Process Overview

  • From Cases, click New Case.
  • screen capture showing "New Case" menu item
  • Enter the employee’s information from Section 1 of Form I-9. If you do not enter required information, E-Verify generates a field error message and you must enter the required information to continue with the case.
  • If the employee provided an email address on Form I-9, you must enter it into E-Verify. E-Verify may send the employee email notifications with information about his or her E-Verify case. If the employee did not provide an email address on Form I-9, click the box next to No email address provided.
  • From Section 1 of the employee’s Form I-9, choose the appropriate option for Citizenship Status. Click Continue.
  • Click List A Document or List B & C Document, using information provided in Section 2 of the employee’s Form I-9. Then select the document or combination of documents provided in Section 2. Click Continue.
  • Type the employee’s first day of employment recorded in Section 2 of Form I-9 into the Employee’s First Day of Employment field. Alternatively, you may click Today, 1 Day Ago, or 2 Days Ago and the corresponding date automatically populates in the Employee’s First Day of Employment field. If you select Other, the system requires you to manually enter the employee’s first day of employment.
  • If the case is being created 3 or more days past the employee’s first day of employment, you must provide a reason for the delay. Select a reason from the drop-down menu.
  • Provide Visa Number when applicable.
  • Employee ID is an optional field for users who wish to assign an internal tracking code to a case. If desired, enter a unique identifier assigned to this case. Click Continue.
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2.0 Clients

2.0 Clients

The Clients menu is only available to E-Verify employer agents. This menu enables E-Verify employer agents to:

  • Enroll new clients
  • View and update client information
  • View their clients’ memorandum of understanding (MOU)
  • Terminate clients from participating in E-Verify

This section provides step by step guidance on each of these functions.

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2.1 Client Enrollment

2.1 Client Enrollment

E-Verify employer agents must enroll their clients before they can create E-Verify cases for them. To enroll a client in E-Verify, follow the steps outlined in the New Client Enrollment – Process Overview.

NEW CLIENT ENROLLMENT – PROCESS OVERVIEW

  • From Clients, select Add New Client.

    Screenshot of Clients navigation tab highlighting Add New Client

Auto-Populate Client Company Information:

  • Enter the company name, city and state. Click Search Companies to view the results.

NOTE: If you do not want E-Verify to auto-populate the company information, click Skip Auto-Populate and enter the information manually.

Company_Search_Image.png

  • Select the appropriate company from the results and click Continue. If the client's company is not in the results, click Skip Auto-Populate and enter the information manually.
  • Review the information for accuracy and enter the information for any fields that were not auto-populated.
  • Click Save & Continue. This saves the information you entered for this client if you are unable to complete enrollment at this time.

Manually Enter Client Company Information:

  • Enter information for your client including client company name, client’s Employer Identification Number, total number of employees, physical address and mailing address. A red asterisk (*) indicates a required field.
  • Enter the North American Industry Classification System (NAICS) code for your client. If  you do not have the number, click Don't Know to determine the company's NAICS code.
  • To determine the company's NAICS code, select the appropriate sector and subsector from the drop-down list. The resulting NAICS code will appear.
  • Click Save & Continue. This creates a draft of the enrollment for this client if you are unable to complete enrollment at one time.

Complete Client Enrollment:

  • Select which category best describes your client’s organization. Click Save & Continue.
    IMPORTANT: If you indicate Federal Contractor with FAR E-Verify Clause, you will be required to select the federal contractor category that best describes your client’s organization and indicate which of your client’s employees  will be verified. For additional information refer to the E-Verify Supplemental Guide for Federal Contractors.
  • Click Add New to add participating hiring sites. Enter all the required information, and then click Add.

    Note: When an employee is hired remotely and has a third-party employer agent complete Form I-9, for E-Verify purposes the “hiring site” is the location of the third-party employer agent where Form I-9 was completed, not the home of the employee. To add multiple hiring sites, See Section 2.1.3, Bulk Upload of Hiring Sites.

  • Click Save & Continue.
  • Click Add New to add a new point of contact for your client. To designate a person with authority to sign the MOU, check the box Designate as the MOU Signatory, and then click Add.
    IMPORTANT: Every employer must have at least one person assigned as a contact for E‑Verify issues. One of your client’s contacts must serve as the MOU signatory. The MOU signatory is the person with authority to bind the client company to the E-Verify terms and conditions and his or her name will appear on the client MOU. The MOU signatory can also serve as a contact for the client.
  • Click Save & Continue.
  • Review the client information and click Submit Enrollment. After the enrollment request is submitted, the status changes to Pending Registration. E-Verify employer agents can search for a client in Pending Registration status to update or delete the registration.

NOTE: An email is sent to the MOU signing authority that you assigned during enrollment. Your client will need to electronically sign the MOU once the client receives the email. The client has 7 federal business days to view, sign or decline the MOU. If the client accidentally declines the MOU or the link expires, you can resend the request for the client to sign the MOU. See Section 2.1.2, Re-send Electronic Client MOU.

Upon enrollment, E-Verify employer agents must provide the Notice of E-Verify Participation and Right to Work posters in English and Spanish to their clients (both appear below). Clients must display both posters in English and Spanish in a prominent place that is clearly visible to prospective employees and all employees who will have their employment eligibility verified with E-Verify. In addition to displaying the English and Spanish versions of the E-Verify Participation poster, employers may also display any of the foreign language versions E-Verify makes available.

USCIS further recommends that the employer provide a copy of these posters with job application materials, either online or in hard copy. E-Verify employer agents should provide the client with new participation posters when updates are made by DHS so that employees, applicants, and the public have the most recent and complete information regarding E-Verify. After logging in to E-Verify, the posters are found under View Essential Resources.

E-Verify Participation Notifications

Notice of E-Verify Participation

E-Verify Participation Poster

Provided by DHS

Right to Work Poster

IER Right to Work Poster

Issued by Department of Justice, Immigrant and Employee Rights Section

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2.1.1 Draft Enrollments

2.1.1 Draft Enrollments

E-Verify saves the enrollment information each time you click Save & Continue. This feature allows E-Verify employer agents to continue the client’s enrollment process at a later time. To complete a client’s enrollment, follow the steps outlined in the Manage Draft Enrollments – Process Overview.

MANAGE DRAFT ENROLLMENTS – PROCESS OVERVIEW

  • Search for the client that has a draft enrollment in process. See Section 2.2, Client Search.

    NOTE: You can select the Draft filter on the Search Clients page to view all draft enrollments.

    Screenshot of Manage Draft Enrolment - Process Overview highlighting the draft check box

  • To continue with the enrollment process for the client, Click Continue Editing.

    OR

  • To delete the draft enrollment, Click Delete Draft.
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2.1.2 Re-send Electronic Client MOU

2.1.2 Re-send Electronic Client MOU

Clients of E-Verify employer agents must electronically sign the MOU to complete their client’s enrollment. The client has seven federal business days to sign the MOU once the E-Verify employer agent submits the enrollment. If the client declines the MOU or the link expires, E-Verify employer agents can resend the MOU to the client. To complete this process, follow the steps outlined in Electronically Re-send Client MOU – Process Overview.

ELECTRONICALLY RE-SEND CLIENT MOU – PROCESS OVERVIEW

  • Search for the client. See Section 2.2, Client Search.
  • Click View and then Edit Company Profile for the client.
  • Click Re-Send Electronic MOU.
  • Click Send Email.

Screenshot of Resend Electronic MOU Email

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2.1.3 Bulk Upload of Hiring Sites

2.1.3 Bulk Upload of Hiring Sites

The bulk upload function allows you to add multiple hiring sites by uploading a file. To use the bulk upload function, you must create a comma separated value (.csv) file with the hiring site addresses. To add multiple hiring sites, follow the steps outlined in the Bulk Upload of Hiring Sites – Process Overview.

BULK UPLOAD OF HIRING SITES – PROCESS OVERVIEW

  • From the hiring sites tab, select Bulk Upload.

    Screenshot of Bulk Upload of Hiring Sites - process overview highlighting Bulk Upload button

  • If you need to create a .csv file, click Download CSV Samples to open a pre-formatted .csv file. Add the hiring site addresses to the .csv file and save the document. Click Browse to locate the file and then click Upload.

    Screenshot of Download CSV Sample that highlights browse button

  • Using the drop-down menu, match the columns in the .csv file to the E-Verify fields.
  • Click Validate Fields.
  • E-Verify will identify and separate any errors in the .csv file. The errors will be noted on the Import Summary page.

    Screenshot of E-Verify Import Summary page highlighting errors and Successful uploads

    If you encounter errors during the bulk upload process, click Export Errors from the Import Summary page.

  • Click Add “X” Sites to complete the bulk upload process for hiring sites.
  • If you had errors in the .csv file, correct the errors in the .csv file. Use the updated .csv file to add the remaining hiring sites.
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2.2 Client Search

2.2 Client Search

E-Verify employer agents can search for their clients using the features in Manage Clients. To search for a client, follow the steps outlined in the Search Clients – Process Overview.

SEARCH CLIENTS – PROCESS OVERVIEW

  • From Clients, click View Existing Clients.

    Screenshot of Clients navigation tab highlighting View Existing Client

  • Use the search bar (1) or check the filter options (2) to search for clients by their status or state. The search bar field can be used to search for a company name, company status or MOU Signed Date..

    Screenshot of search clients

  • Click View for the client you want to access. Follow the steps outlined in the Update Client Information – Process Overview to make changes to a client account.
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2.2.1 Update Client Information

2.2.1 Update Client Information

E-Verify employer agents can make changes to their clients’ information including the company address, employer category, North American Industry Classification System (NAICS) code, hiring sites or point of contact list by updating information under the Manage Clients menu. To update client information in E‑Verify, follow the steps outlined in the Update Client Information – Process Overview.

UPDATE CLIENT INFORMATION – PROCESS OVERVIEW

  • Search for the client that requires updates. See Section 2.2 Client Search.
  • Click View and then Edit Company Profile for the client you want to update.
  • Click the edit button in the section you want to modify, including: company information, category, hiring sites and contacts.

    Updated Hiring Site Requirement:

    E-Verify employer agents are now required to enter the complete address for each client hiring site that participates in E-Verify.

    Hiring sites entered in E-Verify before this policy change can be viewed as read-only from the hiring sites tab. Any hiring sites without an address must be deleted before the hiring sites with an address can be added. Hiring sites with an address can be added manually or through the bulk upload process. See Section 2.1.3, Bulk Upload of Hiring Sites.

  • Make the required changes and click Save & Continue.
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2.2.2 Client Company Information Fields

2.2.2 Client Company Information Fields

There are several fields that can be updated for your client in the Company Information page. Those fields are listed in the Client Information Overview.

CLIENT INFORMATION OVERVIEW

Company Information

Name of the client company enrolled in E-Verify and its doing business as name, Employer Identification Number, DUNS number, physical address, mailing address, NAICS Code, Sector, Subsector, employee category and total number of employees

Company Category

Employer category

Hiring Sites

Total hiring sites

Contacts

Total contacts

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2.2.3 View Client Memorandum of Understanding (MOU)

2.2.3 View Client Memorandum of Understanding (MOU)

Program administrators can view the client MOU signature page for every one of their clients enrolled in E-Verify. A blank MOU template is also available to program administrators. To view a particular client’s MOU, follow the steps outlined in the View Client MOU – Process Overview.

VIEW CLIENT MOU – PROCESS OVERVIEW

  • Search for the client. See Section 2.2, Client Search.
  • Click View and then Edit Company Profile for the client and scroll to the bottom of the Company Information page.
    Select the link to view the client’s MOU signature page, the current MOU, or the historic MOU. The historic MOU will be the same as the current MOU if the MOU has not been updated since the client was enrolled.
    Screenshot of View Client MOU - process overview highlighting View Current MOU
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2.3 Terminate Client Participation

2.3 Terminate Client Participation

Client participation in E-Verify may be terminated voluntarily. To terminate participation for a client, E‑Verify employer agents must submit a termination request to E-Verify no later than 30 days in advance of the date the client would like to close its account. E-Verify employer agents may request client termination electronically through E-Verify or email by submitting a written termination notice to E‑Verify@dhs.gov or by fax to 202-443-0215.

During this 30-day period, E-Verify Employer Agents must resolve all open cases in E-Verify on behalf of the client, and they must not use E-Verify to create new cases. E-Verify Employer Agents are required to close all open E-Verify cases, even after the request to terminate the E-Verify account is made.

IMPORTANT: Once an account is terminated, all access to the account and its associated records is gone. To preserve the records from an E-Verify account, refer to Section 5.0 of the E-Verify User Manual to create and retain a user audit report before the account is terminated.

To request termination of client participation through E-Verify, follow the steps outlined in the Terminate Client Account – Process Overview.

TERMINATE CLIENT PARTICIPATION – PROCESS OVERVIEW

  • Search for the client whose participation you will terminate. See Section 2.2, Client Search.
  • Click View and then Terminate for the appropriate client.
  • Select the reason for termination.
  • Click Terminate.

Update or Cancel Termination:

Once termination is requested, the client will be in Pending Termination status for 30 days. E-Verify employer agents may return to E-Verify within 30 days to update the reason for termination or cancel the request.

NOTE: You will receive an email confirming that the client’s account is terminated.

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3.0 E-Verify Process Overview

3.0 E-Verify Process Overview

E-Verify employer agents are not able to create a case in E-Verify for their clients until they have enrolled the client. The initial verification page contains a field in which the E-Verify employer agent must select the client corresponding with the employee being verified.

The E-Verify process begins with a completed Form I-9. E-Verify confirms employment eligibility by comparing the employee’s Form I-9 information entered in E‑Verify by the E-Verify employer agent with the information in records available to the Social Security Administration (SSA) and/or the Department of Homeland Security (DHS).

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3.1 Case Results

3.1 Case Results

After Form I-9 information has been entered into E-Verify, E-Verify promptly provides an initial case result. An initial case result is the first, and sometimes final, case result provided by E-Verify. An overview of the case result is listed in the Case Results – Overview.

CASE RESULTS - OVERVIEW

Employment Authorized

The employee’s information matched records available to SSA and/or DHS.

Verification In Process

This case was referred to DHS for further verification.

Tentative Nonconfirmation (TNC)

Information did not match records available to SSA and/or DHS. Additional action is required.

Case in Continuance

The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.

Close Case and Resubmit

SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee’s U.S. passport, passport card, or driver’s license information is incorrect.

Final Nonconfirmation

E-Verify cannot confirm an employee’s employment eligibility after the employee visited SSA or contacted DHS.

Each case result is unique and may or may not require additional action by you, your client and/or the employee. For specific guidance related to case results, refer to the E-Verify User Manual.

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3.1.1 Tentative Nonconfirmation (TNC) Process Summary

3.1.1 Tentative Nonconfirmation (TNC) Process Summary

A TNC case result means that the information entered into E-Verify does not initially match records available to SSA and/or DHS. It is possible for an employee to receive a dual TNC, which means the case received a TNC result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. A TNC does not necessarily mean that the employee is not authorized to work in the United States; however, additional action is required to resolve the issue. Below is a summary of actions required of you, your client and the employee during the TNC process.

E-VERIFY EMPLOYER AGENT ACTION

  • Notify the client of the TNC case result.
  • Print the Further Action Notice and send it to the client.
  • Instruct the client to review the Further Action Notice privately with the employee.
  • Instruct the client to have the employee indicate on the Further Action Notice whether or not he or she will take action to resolve the TNC.
  • Instruct the client to have the employee sign and date the Further Action Notice printed in English, and then provide the employee a copy of the Further Action Notice in English (and a translated version, if appropriate).
  • Instruct the client to keep the original signed Further Action Notice on file with Form I-9.
  • Take next action based on the employee’s decision to take action or not regarding the TNC.

If the employee will take action to resolve TNC:

  • Print the Referral Date Confirmation and provide it to the client.

THE CLIENT'S ACTION

  • Review the Further Action Notice privately with the employee.
  • Have the employee indicate whether he or she will take action to resolves the TNC on the Further Action Notice.
  • Instruct employee to sign and date the Further Action Notice.
  • Provide a copy of the signed Further Action Notice to the employee.
  • Keep the original signed Further Action Notice on file with the employee's Form I-9.
  • Send a copy of the signed Further Action Notice to the E-Verify employer agent.
  • If the employee chooses to contest the TNC, provide him or her with the Referral Date Confirmation.

THE EMPLOYEE'S ACTION

  • Decide whether or not to take action to resolve the TNC and indicate choice on the Further Action Notice.
  • Acknowledge receipt of TNC by signing and dating the Further Action Notice.
  • Take next action based on decision to contest or not to contest the TNC.

If employee will take action to resolve TNC:

  • Visit an SSA field office with a copy of the Further Action Notice and/or contact DHS within 8 federal government working days.
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3.2 Final Case Resolution

3.2 Final Case Resolution

To complete the E-Verify process, every case must receive a final case result and be closed. You must close every case and communicate the final case result to your client. Additional information on case closure is available in the E-Verify User Manual.

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4.0 Resource and Contact Information

4.0 Resource and Contact Information

The E‑Verify public website is the primary resource for all E‑Verify information, but do not hesitate to contact us by phone or email. For easy access to online resources, USCIS suggests that you bookmark or save these websites as favorites for easy access to them in the future.

E-VERIFY RESOURCES

URL

E-Verify Public Website

  • General information about E-Verify
  • Program information and statistics
  • Frequently asked questions
  • E-Verify user manuals
  • E-Verify quick reference guides
  • Information about employee rights and employer obligations

www.e-verify.gov

E-Verify Enrollment Application

  • Website for initial employer enrollment

https://e-verify.uscis.gov/enroll

E-Verify Access for Employers and Corporate Administrators

  • User access to E-Verify

https://e-verify.uscis.gov/emp

E-Verify Access for E-Verify Employer Agents

  • User access to E-Verify

https://e-verify.uscis.gov/esp

E-VERIFY CONTACT INFORMATION

The E-Verify Contact Center is available to assist you with using E-Verify, password resets, cases and technical support. We can also answer your questions about E‑Verify policies and procedures, Form I-9 and employment eligibility. We are available Monday through Friday, from 8 a.m. to 8 p.m. Eastern Time (TTY phone is available from 8 a.m. to 5 p.m. Eastern Time) except on federal holidays.

For E-Verify Employer Agents

Phone: 888-464-4218

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-VerifyEmployerAgent@dhs.gov

For Clients

Phone: 888-464-4218

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-Verify@dhs.gov

For Employees

Phone: 888-897-7781

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-Verify@dhs.gov

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER)

For Employers

Phone: 800-255-8155

Phone (TTY - For hearing and speech impaired users): 800-237-2515

Email: ier@usdoj.gov

Website: http://www.justice.gov/ier

For Employees

Phone: 800-255-7688

Phone (TTY - For hearing and speech impaired users): 800-237-2515

Email: ier@usdoj.gov

Website: http://www.justice.gov/ier

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