e-verify enrollment for az employers · e-verify enrollment for az employers. presented by: yu...

E-Verify Enrollment for AZ Employers

Presented by: Yu-Ting C. Adler Yu-Ting.C.Adler@uscis.dhs.gov

Management and Program Analyst U.S. Citizenship and Immigration Services

• Background • Form I-9 and E-Verify Work Together • What is E-Verify? • How to enroll? • Resources

Agenda

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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.

The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

Background

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• All employees MUST

Complete Form I-9, Section 1 by 1st day of work for pay

Choose and present acceptable documents by 3rd business day after work for

pay

• All employers including federal agencies MUST

Have Form I-9 for all current employees and those within retention period

(hired after November 6, 1986)

Use Form I-9 with revision dated 07/17/17 N, for new hires and reverifications

Complete Form I-9, Section 2 by 3rd business day after work for pay

Not use Form I-9 to prescreen

Form I-9 & E-Verify Work Together Form I-9 Compliance

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• All employees of E-Verify employers:

Must provide Social Security number on Form I-9

Select acceptable List B document with photo, if provided for Form I-9

• All E-Verify employers including federal agencies MUST:

Use a completed Form I-9

Create E-Verify case by 3rd business day after work for pay

Enter employee e-mail address into E-Verify if provided on Form I-9

Keep copy of photo matching document, if provided

Reverify Section 3 of Form I-9 only

Form I-9 & E-Verify Work Together E-Verify Compliance

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• Prohibits business from knowingly or intentionally hiring an “unauthorized alien” after December 31, 2007.

• Requires employers in Arizona to use E-Verify to verify the employment authorization of all new employees hired after December 31, 2007.

• Legal Arizona Workers Act

Legal Arizona Workers Act

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• Free web-based service that’s fast and easy to use

• Electronically verifies the employment eligibility of Newly hired employees Existing employees assigned to work

on a qualifying federal contract * • Partnership between the U.S.

Department of Homeland Security (DHS) and the Social Security Administration (SSA)

What is E-Verify?

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State E-Verify Requirements

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Enacted legislation requiring

mandatory use of E-Verify that may

include most employers,

various public entities /

contractors

FL

MN

TX

OK

CO UT

NE

ID

AZ

GA AL MS

LA

SC

IN

MO

PA

TN NC

VA

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Access Methods

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How Enroll

Before you begin using E-Verify, it’s important to: Set aside time to complete the enrollment process Make sure your company is not already enrolled Review the E-Verify Memorandum of Understanding (MOU) (PDF, 149.63 KB)

Enrolling in E-Verify is easy, but if you need help or have questions:

Read the Quick Reference Guide for E-Verify Enrollment (PDF, 1.25 MB) Review the Enrollment Checklist Participate in an E-Verify Webinar Contact the E-Verify Contact Center Visit the E-Verify Enrollment page to begin enrollment

How Enroll Resources

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In April 2018, E-Verify released a modernized system that helps users:

Comprehend and navigate system easily

Save time during the verification process

Improve system integrity Visit E-Verify Modernization to learn more about E-Verify enhancements

E-Verify Modernization

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Form I-9 & E-Verify Work Together

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I-9 Process I-9 Process with E-Verify Employee completes Form I-9, Section 1.

• Employee must include SSN when completing Form I-9, Section 1.

• If the employee has not been issued his SSN, complete Form I-9 as usual and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify.

• If employee provides email address, employer MUST enter it into E-Verify.

Employee chooses which acceptable document(s) to present.

• Employee chooses which acceptable document(s) to present.

• If a List B document is chosen, it MUST contain a photograph.

• If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9.

Employer completes Form I-9, Section 2.

• Employer completes Form I-9 Section 2.

If necessary, employer updates or re-verifies employee’s work eligibility in Section 3.

• E-Verify Case Status will prompt employer to update or reverify in Section 3 or Form I-9. However, a case should NOT be created in E-Verify.

I-9 Process with E-Verify

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NOTE: All documents must be unexpired. Names should appear on Form I-9 exactly as they appear on documents. No nicknames should be used.

Employee Rights

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The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:

Citizenship or immigration status discrimination* National origin discrimination* Document abuse during Form I-9 process Retaliation

* Actual or perceived

Preventing Discrimination

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The anti-discrimination provisions of the INA are enforced by:

Department of Justice Civil Rights Division Immigrant and Employee Rights Section

• Employees may contact the Immigrant and Employee Rights Section (IER) to obtain additional information regarding employment discrimination and employee rights and responsibilities*

1-800-255-7688 (TDD: 1-800-616-5525)

• Employers may also contact IER* 1-800-255-8155 (TDD: 1-800-362-2735)

*callers may remain anonymous See IER’s “Employer Dos and Don’ts.”

Immigrant and Employee Rights Section (IER)

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Resources

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Engage with us online and via Social Media

Visit our brand new www.E-Verify.gov

Check out our Videos, E-Verify User Manual, Job Aids, Fact

Sheets, Reports and more on the Employer Resources page

Check out our additional websites I-9Central, myE-Verify

Subscribe to our E-Verify Connection newsletter

Follow #E-Verify on www.Twitter.com/EVerify

Watch us on www.youtube.com/uscis

Additional Resources

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Take advantage of our FREE Outreach services

Take additional public webinars

Request event speakers, customized webinars, or content for

your publications

Seek approval for E-Verify® Logo Authorization

Contact our award winning customer service

E-Verify e-mail: E-Verify@dhs.gov

Additional Resources Outreach Services

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Share your feedback

E-mail webinar comments (with date, time and topic) to

E-VerifyOutreach@uscis.dhs.gov

Submit Form I-9, E-Verify and myE-Verify idea and feedback

on E-Verify Listens

Additional Resources Feedback

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Immigration law can be complex and it is not possible to describe every aspect of the process.

This presentation provides basic information to help you become generally familiar with rules and procedures.

For more information on the law and regulations please see our Web site: www.e-verify.gov

Disclaimer

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COMMENTS ON OUR WEBINAR?

Send to:

E-VerifyOutreach@uscis.dhs.gov

*Include date, time and topic of the webinar

THANK YOU!

www.e-verify.gov

Feedback

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