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E-Verify: What Is it?

• Information listed on the I-9 form is electronically queried against the databases of :– Social Security

Administration– Department of Homeland

Security

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E-Verify Goals

• Reduce unauthorized employment

• Minimize verification-related discrimination

• Be Quick and non-burdensome to employers

• Protect civil liberties and employee privacy

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Basic Overview• States with mandatory use of

E-verify as of February 2009 are:

– Arizona, Colorado, Georgia, Idaho, Minnesota, Missouri, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee and Utah

• Currently mandated for Federal, State, City and County contractors regardless of what state they operate

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Kimstaff’s Proactive Approach

• Pending legislation indicates usage of the E-verify system will be mandatory in all 50 states in the near future

• Effective January 1, 2009, all new hires processed by Kimstaff will be checked through the E-verify system

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How Does E-Verify Work?

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Employers must post these notices in an area where they are clearly visible to

prospective employees

All Kimstaff new hire packets available on the web advise candidates of E-verify. Be sure to use the latest versions of these documents available at www.kimstaffhr.com

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E-Verify Process

• All new hires starting 1/1/09 will be run through the electronic verification system (no exceptions)

• The system can only be used to verify new hires and must be applied to ALL new hires regardless of citizenship status

• Verification must be done within 72 hours of the employee’s starting date of 18


E-Verify Process

Accept only I-9, List B identity documents containing a photograph

1. Driver's license or ID card issued by a state or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address

3. School ID card with a photograph

4. Voter's registration card, if it contains a photograph

5. U.S. Military card or draft record containing a photo

6. Military dependent's ID card containing a photo

7. U.S. Coast Guard Merchant Mariner Card containing a photo

8. Native American tribal document containing a photo

9. Driver's license issued by a Canadian government authority with a photo

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E-Verify Process• If the employee presents a Temporary

Resident, Permanent Resident, or Employment Authorization card, please submit an enlarged and legible copy so the employee’s picture is clear and identifiable

Acceptable Unacceptable

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Photo Tool

• Employees presenting a Temporary Resident, Permanent Resident, or Employment Authorization card will be photo verified

• This enables employers to match the employee’s picture ID to the Homeland Security file photo to detect fraud/identity theft

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E-Verify Process• Initial verification will return one of

three results within seconds:

– Employment Authorized: The employee is authorized to work

– SSA Tentative Non-confirmation: There is an information mismatch with the Social Security Administration

– DHS Verification In Progress: Homeland Security will usually respond within 24 hours with either an employment authorized or Non-confirmation decision

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Tentative Non-Confirmations

– The client will be given a letter indicating the tentative non-confirmation, which must be presented to the employee. He/She will be given 2 options:

• Contest the findings: The employee will be directed to the appropriate agency to resolve the issue within 8 federal working days

• Not Contest the findings: This is considered a final non-confirmation and the employer can terminate the employee and resolve the case.

In all cases, the employee must SIGN the notice of non-confirmation as well as the person (supervisor) presenting the letter to the employee

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Employees Contesting Non Confirmation

1. Contact Kimstaff immediately and provide us with a copy of the signed letter of non-confirmation showing the employee is contesting the findings

2. The employee will be issued a referral letter to the appropriate agency and given 8 Federal Government workdays (from the date of referral) to visit or call the appropriate agency to resolve the discrepancy

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Employees Contesting Non Confirmation

3. Do not ask the employee for any additional documents or proof that they went to the appropriate agency

4. Employee should continue to work until a final confirmation is received

5. Kimstaff will monitor the case and advise you as to the final outcome based on the information provided by the appropriate government agency

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Employees Not Contesting

• If an employee does not contest the findings, they will need to mark the appropriate box on the notification letter and sign it

• A copy of the signed letter and a Personnel Action Form (PAF) terminating the employee must be submitted to Kimstaff in order to process their final check.

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E-Verify Statistics

• Nearly 3 million queries were run in 2008• 92% of queries are instantly verified

• Top Industries using E-verify: Doctors, Lawyers, CPAs Administrative and Support Services Professional, Scientific and Technical

Services Food Services, Janitorial and Retail

Stores

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For questions related to this program, please contact your Human Resources Director:

Elaine Johnson, PHR 949-862-6563

Tania Torres, PHR 949-862-6564

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