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Training Requirements and Guidelines for Web Services Users

Training Requirements and Guidelines for Web Services Users

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Training Requirements and Guidelines for Web Service Users | Current as of July 2018

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jhkim Wed, 07/18/2018 - 13:03

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A. Purpose

A. Purpose

This document provides training requirements and guidelines for employers and E-Verify employer agents that use E-Verify through a Web service. Employers and E-Verify employer agents that use E-Verify through a Web service have chosen to develop software that interfaces with E-Verify to create cases for newly hired employees and/or certain employees of federal contractors with federal contracts subject to the Federal Acquisition Regulation (FAR) E-Verify clause. Employers and E-Verify employer agents that use E-Verify through a Web service must comply with specific E Verify requirements in addition to requirements for development and maintenance of their interface.

Web services employers and E-Verify employer agents are required to train all users on E-Verify policies and procedures. In addition, Web services employers and E-Verify employer agents must:

  • Train users on the appropriate use of the employer or E-Verify employer agent’s interface according to E-Verify policies and procedures.
  • Develop a training course that is administered to users in the format that is most suitable for the organization. Examples of acceptable training formats include: a webinar, a computer-based tutorial, an in-person or video conferenced training course taught by an instructor, or a training video. The format of this requirement is flexible in consideration of a company’s training capabilities and resource availability.
  • Upon completion of the training course, certify users’ knowledge through the administration of a knowledge test.
    • For more information, see Section D: Required Knowledge Test.
  • Maintain records of successful completion of the knowledge test. Record this information in a format that can be submitted to E-Verify if requested or shown on-site in case of an audit. Record the following information:
    • Name of individual who attended training
    • Date of knowledge test
    • Knowledge test score
  • Only allow users who have achieved a passing score of at least 70% on the knowledge test to access E-Verify.
jhkim Thu, 07/19/2018 - 15:59
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B. Required Training Curriculum Overview

B. Required Training Curriculum Overview

Web service employers and E-Verify employer agents must include the following topics in the required E-Verify user training course. For additional details on the topics and key points to cover in each module, see Section E: Required Training Curriculum Topics, Key Points and Key Questions.

MODULE 1

  • Privacy and Data Protections
  • Employee Civil Rights and Civil Liberties
  • Rules and Responsibilities Overview
  • Privacy Breaches and Rights Violations

MODULE 2

  • E-Verify Overview
  • Federal Contractor Requirements
  • Form I-9 and E-Verify
  • First Day of Employment
  • Review Case and Are you Sure? Alert
  • Photo Matching

MODULE 3

  • Case Results
    • Federal Contractor Requirements
    • Form I-9 and E-Verify
    • First Day of Employment
    • Review Case and Are you Sure? Alert
    • Photo Matching

MODULE 4

  • Tentative Nonconfirmation (TNC)
  • Close Case
jhkim Thu, 07/19/2018 - 16:00
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C. E-Verify Changes And Curriculum Updates

C. E-Verify Changes And Curriculum Updates

Web services employers and E-Verify employer agents must provide training updates to existing users and update the initial training course when there are E Verify system, policy and/or process updates. These updates will often correspond to the requirements detailed in an updated Interface Control Agreement (ICA). Detailed guidance that describes the new content to be covered along with any additional training requirements will be provided to Web services employers and E-Verify employer agents by E-Verify.

Once system updates are implemented, Web services employers and E-Verify employer agents must certify users’ knowledge of the changes through the administration of a knowledge check or brief quiz. Users must not be allowed to access E-Verify functionality until after they have achieved a passing score of at least 70%.

jhkim Thu, 07/19/2018 - 16:07
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D. Required Knowledge Test

D. Required Knowledge Test

Web services employers and E-Verify employer agents are required to incorporate a knowledge test into the training course. The knowledge test should begin upon completion of the training course. This test evaluates the user’s comprehension of the information outlined in Section E: Required Training Curriculum Topics, Key Points and Key Questions.

NOTE: Web services employers and E-Verify employer agents must not allow users to access E-Verify until users achieve a passing score of at least 70% on the knowledge test.

The knowledge test must satisfy the following requirements:

  • Knowledge test questions must be based on the information detailed in Section E: Required Training Curriculum Topics, Key Points and Key Questions, at a minimum.
  • The knowledge test must have at least 10 questions.
  • The knowledge test must include questions from the Key Questions column of each chart in Section E: Required Training Curriculum Topics, Key Points and Key Questions. Consult these charts before creating the knowledge test. As appropriate, additional questions may be added to the knowledge test.
  • The questions provided in Section E: Required Training Curriculum Topics, Key Points and Key Questions serve as an example of how to format the questions. The questions provided in the training course can be formatted as needed to match the training method and design. Examples of acceptable formats include: fill in the blank, true/false, matching and multiple choice.

NOTE: Successful completion of the knowledge test must be recorded for each user. Consult Section A: Purpose for additional guidance on recording knowledge test completion.

jhkim Thu, 07/19/2018 - 16:08
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E. Required Training Curriculum Topics, Key Points And Key Questions

E. Required Training Curriculum Topics, Key Points And Key Questions

This section provides detailed information on the Required Training Curriculum Overview provided in Section B: Required Training Curriculum Overview. Listed below are the topics and key points that should be covered by Web services employers and E-Verify employer agents when creating a training course. At a minimum, knowledge test questions must be based upon the information in this section of the curriculum.

NOTE: Employers who are federal contractors with a covered federal contract subject to the FAR E-Verify clause should consult the Supplemental Guide for Federal Contractors found under Employer Resources on www.E-Verify.gov to ensure their training materials contain language specific to covered federal contractors.

jhkim Thu, 07/19/2018 - 16:15
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Module 1

Module 1
Topics Key Points Key Questions
Privacy and Data Protections Employers, E-Verify employer agents, and users 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.
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 below to protect personal information and comply with the appropriate requirements.
  • Allow only authorized users to use E-Verify. Ensure that only the appropriate users handle information and create E-Verify cases.
  • Secure access to E-Verify. Protect passwords used to access E-Verify and ensure that unauthorized users do not gain access to the system
  • 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 (TNCs) and Final Nonconfirmations, are discussed privately with the employee.

What are the E-Verify privacy guidelines that must be used to protect personal information and comply with the appropriate privacy regulations?

Answer:

  • 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.
Employee Civil Rights and Civil Liberties

It is the employer’s and employer agent’s responsibility to treat employees equally and fairly when using E-Verify.

Employers and employer agents participating in E-Verify MUST:

  • Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9, Employment Eligibility Verification is complete.
  • Create an E-Verify case for all newly hired employees, regardless of citizenship.
  • Notify each job applicant of E-Verify participation and employee rights.
  • se E-Verify for an existing employee only when he or she is assigned to a federal contract or if your company chose to verify its existing workforce.
  • Verify all new employees and existing employees assigned to a federal contract regardless of national origin, citizenship, or immigration status.
  • Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (TNC).
  • Ensure no change in the working conditions (pay, hours, etc.) of employees who takes action on a TNC.
Employers and employer agents participating in E-Verify MUST NOT:
  • Use E-Verify to pre-screen an applicant for employment.
  • Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.
  • Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
  • Create an E-Verify case for an employee who was hired before the employer signed the E-Verify MOU, except in certain instances such as employees of federal contractors with the FAR E-Verify clause.
  • Take adverse action against or terminate an employee because he or she received a TNC result, unless E Verify issues a case result of Final Nonconfirmation.
  • Share any user ID and/or password.

What must an employer and employer agent do to ensure employees are treated equally and fairly when using E-Verify?

Answer:

  • Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9, Employment Eligibility Verification is complete.
  • Ensure employees who receive a Tentative Nonconfirmation (TNC) are given an opportunity to take action.
  • Not take any adverse action against an employee because of a TNC unless and until E-Verify issues a Final Nonconfirmation, even if resolution takes longer than ten days.
(additional possible answers can be added)
Rules and Responsibilities Overview Employers and employer agents participating in E-Verify MUST:
  • Follow E-Verify procedures for each employee for whom an E-Verify case is created.
  • Notify each job applicant of E-Verify participation by clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and in Spanish. You may also display the posters in other languages provided by DHS.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Obtain a Social Security number (SSN) from each newly hired employee on Form I-9.
  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
  • Enter the employee’s email address in E-Verify if it was provided on Form I-9.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (TNC).
  • Provide each employee who receives a TNC eight federal government work days to take action (i.e., contact the appropriate federal agency to begin to resolve the TNC).
  • Allow each newly hired employee to start and continue working during the E-Verify verification process, even if he or she receives and takes action on a TNC, and even if it takes longer than ten days to resolve the TNC.

Federal contractors participating in E-Verify MUST also:

  • Only use E-Verify for an existing employee under limited circumstances.
  • Use special considerations when you decide how to, and whether to verify an existing employee.
  • Create a case only within a specified period of time. If a case is not created within these timeframes, you must note the reason for delay and attach it to Form I-9.
  • Follow E-Verify procedures for each newly hired employee and an existing employee assigned to a covered federal contract while participating in E-Verify.

For more information about rules specific to Federal contractors, review the Supplemental Guide for Federal Contractors.

Employers and E-Verify Federal contractors participating in E-Verify MUST NOT:

  • Use E-Verify to pre-screen an applicant for employment. Prescreening is creating an E-Verify case before a job offer is made or before an employee has accepted a job offer.
  • Take adverse action against or terminate an employee because he or she received a TNC result, unless E Verify issues a case result of Final Nonconfirmation.
  • Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.
  • Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
  • Share any user ID and/or password.

Which rules must all E-Verify employers and employer agents follow?

Answer:

  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Provide each employee who receives a TNC written notice of the TNC, and 8 federal workdays to contact DHS or SSA to take action on a TNC.
  • Clearly display the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. You may also display the posters in other languages provided by DHS. Not take any adverse action against employees who take action on a TNC, even if it takes longer than ten days to resolve the TNC.

(additional possible answers can be added)

What must employers and employer agents participating in E-Verify NOT do?

Answer:

  • Use E-Verify on employees hired before the company signed the E-Verify MOU unless the employer is a Federal contractor with a federal contract subject to the FAR E-Verify clause.
  • Selectively verify the employment eligibility of employees.
  • Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
  • Use E-Verify to pre-screen applicants for employment.
Privacy Breaches and Rights violations Report all suspected or confirmed privacy breaches by calling 888-464-4218 or emailing E-Verify@dhs.gov. Please use ‘Privacy Incident – Password’ in the subject line of the email when sending a breach report to E-Verify.

Questions regarding how to avoid unfair and discriminatory verification practices when using E-Verify should be directed to U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) ier@usdoj.gov, 800-255-8155 or 800-237-2515 (TTY).

 

 

jhkim Thu, 07/19/2018 - 16:16
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Module 2

Module 2
Topics Key Points Key Questions
E-Verify Overview The Web services employment eligibility verification 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 employer with the information in records available to the Social Security Administration (SSA) and/or Department of Homeland Security (DHS).

How does E-Verify work?

Answer:

E-Verify works by comparing the information entered on an employee's Form I-9 with records available to the Social Security Administration (SSA) and/ or Department of Homeland Security (DHS), to verify employment eligibility.

Federal Contractor Requirements Form I-9 requirements for all employees are outlined in the Handbook for Employers: Guidance for Completing Form I-9 (M-274). Federal contractors should also review the 'E-Verify Supplemental Guide for Federal Contractors’ for more detailed information.

Employers and employer agents create cases for all employees ONLY after:

  • A job has been offered;
  • The applicant has accepted the position; and
  • The Form I-9 has been completed.

Federal contractors must follow specific rules related to Form I-9 and existing employees. These rules include how to:

  • Verify existing employees;
  • Comply with certain expired documents; and
  • Use Photo Matching.

Do federal contractors with the FAR E-Verify clause in their contracts have different policies and procedures for using E-Verify?

Answer:

Federal contractors have specific guidelines on who they verify and the time period required to create a case in E-Verify as outlined in the 'E-Verify Supplemental Guide for Federal Contractors.'

Form I-9 and E-Verify Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The first day of employment means the first day an employee works in exchange for wages or other remuneration. This requirement also applies to federal contractors enrolled in E-Verify.

With the goal of ensuring a legal workforce, employers enrolled in E Verify have chosen to take the additional step of electronically confirming that information their employees provide match government records.

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, physically examine documents presented by the employee that established his or her identity and employment authorization.

After From I-9 is complete, the next step is to create a case in E-Verify using the information from Form I-9. E-Verify cases must be created no later than the third business day after the employee starts work for pay.

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

Answer:

No later than the third business day after the employee started working in exchange for wages or other remuneration

Employee’s First Day of Employment The employee’s first day of employment is the date the employee begins working in exchange for wages or other remuneration. The employee’s first day of employment is recorded in Section 2 of Form I-9. If Form I-9 is completed after the employee accepts the offer of employment, but before the actual start of work for pay or other remuneration, it is possible that the first day of employment recorded on Form I-9 could change after the employer created the case in E-Verify. If this happens, no additional action is required in E Verify as the first day of employment cannot be changed once the case has been submitted. If the employee’s first day of employment changes, employers should correct the date originally indicated as the employee’s first day of employment in the certification block in Section 2 on the employee’s Form I-9.

NOTE: Employees whose first day of employment was on or before November 6, 1986, are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment. Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before November 27, 2009, are not subject to Form I-9 and their employers may not create cases in E-Verify for them based on this employment.

For more information, consult the Handbook for Employers (M-274).

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

Answer:

The first day of employment in exchange for wages or other remuneration.

Review Case And Are you Sure? Alert If the information entered does not immediately match records available to SSA and/or DHS, the Review Case – Are You Sure? screen appears so the user can confirm that the information entered matches the Form I-9. Users may either confirm that the information matches Form I-9 or change the information in the prompted fields if they entered the information incorrectly.  
Photo Matching Photo matching is an additional step that prompts employers and employer agents to compare an employee’s photo ID with a photo displayed in E-Verify. Photo matching only occurs when the employee presents:
  • A Permanent Resident Card (Form I-551)
  • Employment Authorization Document (Form I-766)
  • A valid U.S. passport or passport card

If the employee presents one of these documents, the employer or employer agent must copy the front and back of the document (or in the case of a U.S. passport, copy the Passport ID page and the Passport Barcode page) and retain the copies with Form I-9.

NOTE: Do not ask employees to present any specific document from the list above to enable use of the photo matching.

Do not compare the photo displayed by E-Verify Web services to the actual employee. Direct comparison between the photo on the document and the individual should have occurred during Form I-9 completion, prior to using E-Verify Web services access.

A photo may appear in E Verify after you create a case. What is the photo that appears in E-Verify compared to?

Answer:

The photo on the employee's Form I-9 document

 

jhkim Thu, 07/19/2018 - 21:23
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Module 3

Module 3
Topics Key Points Key Questions
Case Results

Employment Authorized
An employment authorized result means the employee's information matched records available to SSA and/or DHS.

Verification In Process
A DHS Verification in Process result means the case is referred to DHS for further verification.

Tentative Nonconfirmation (TNC)
An SSA or DHS TNC result means information did not match records available to SSA and/or DHS. Additional action is required.

Case in Continuance
A SSA or DHS Case in Continuance result means the employee has contacted SSA or DHS, but more time is needed to determine a final case result.

Close Case and Resubmit
A Close Case and Resubmit means 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
A Final Nonconfirmation means E-Verify cannot confirm the employee’s employment eligibility after the employee visited SSA or contacted DHS.

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

Answer:

The employee's information matched with SSA and/or DHS records.

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

Answer:

An E-Verify Final Nonconfirmation case result means that SSA or DHS cannot verify an employee’s employment eligibility.

 

jhkim Thu, 07/19/2018 - 21:42
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Module 4

Module 4
Topics Key Points Key Questions
Tentative Nonconfirmation (TNC) A TNC case result means that information entered into E-Verify does not 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. E Verify identifies the agency or agencies associated with the mismatch in the TNC Further Action Notice. This does not mean the employee is not authorized to work. While resolving TNCs, employees must be allowed to work without any change in working conditions, regardless of how long the resolution process takes.

A case can result in a TNC with SSA because the employee’s:

  • Citizenship or immigration status was not updated with SSA
  • The employee did not report a name change to SSA.
  • The employee’s name, Social Security number and/or date of birth are incorrect in SSA records.
  • SSA records contain another type of mismatch.
  • The employer entered the employee’s information incorrectly in E-Verify.
  • A case can result in a TNC with DHS because the employee’s: Name, Alien number, I-94 number and/or foreign passport number are incorrect in DHS records.
  • U.S. passport, passport card, driver’s license, foreign passport or state ID card information could not be verified.
  • Information was not updated in the employee’s DHS records.
  • Citizenship or immigration status changed.
  • Record contains another type of error.
  • Employer entered information incorrectly in E-Verify.
  • Photo did not match.
 
Close Case Employers MUST close every case created in E-Verify. Each case is closed by using the applicable case closure statement.

Are employers required to close every E-Verify case?

Answer:

Yes, each E-Verify case must be closed.

 

jhkim Thu, 07/19/2018 - 21:53
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