E-Verify & I-9 News

Today, a Privacy Impact Assessment (PIA) update for the E-Verify Program was made available by the Department of Homeland Security (DHS). The PIA update describes the additional information E-Verify will require from new registering employers, which will be sent to Dun & Bradstreet (D&B), a provider of information on businesses and corporations, and be compared against the D&B database to authenticate the employer is in fact a bona fide enterprise.   According to the update, the additional requirements and corroboration by D&B is an effort to reduce the abuse of the E-Verify system by denying access to potentially unqualified or even fictitious  employers.

Specifically, E-Verify will now request the following information for new registrations:

• Doing Business as (DBA) name if applicable;
• The DUNS number, a Dun & Bradstreet Identifier, if available. Not all employers will have a DUNS number, and other information such as address and phone number will be used to differentiate similar employees;
• The Administrator’s Name – Links a company to its corporate administrator. This is the new name of the field formerly known as “Corporate Administrator”;
• Parent Organization (if applicable); and
• Optional: Marketing Channel (where the employer heard about E-Verify).

Depending upon the D&B results, E-Verify will either allow the new employer to register automatically, or attempt to verify the submitted business information by contacting the employer by phone or email. For example, if an individual is hiring a domestic employee and they wanted to use E-Verify, D&B would likely have no information on record for that particular individual employer. In this case D&B will probably return a no match and E-Verify would then contact the individual employer and confirm that they are in fact seeking to verify employment eligibility for an employee.

If E-Verify registration is denied, the employer can always attempt the registration process again in the future, bearing in mind that their information must be verified in order to complete the E-Verify registration process.

Once these new information requirements are in place, E-Verify will display a banner notice on its website. Additionally, when a company decides to register online, a list of required information will be provided so that an employer can determine whether or not it wants to register based on the requirements.

For more details, you can access the entire PIA update in PDF format from the DHS website here.

Last week, Immigration and Customs Enforcement (ICE) made public its 5-year strategic plan for FY 2010-14, which lays out the agency’s priorities on three homeland security missions: (1) preventing terrorism and enhancing security; (2) securing and managing our borders; and (3) enforcing and administering our immigration laws.

Looking more closely at the document, it becomes clear that one of ICE’s top objectives is to continue its worksite enforcement program and hold employers accountable for their hiring practices. The following excerpt from page five of the document details ICE’s stated efforts to address illegal employment and “Create a Culture of Employer Compliance:”

The opportunity to work in the United States motivates many to seek illegal entry. Therefore, enforcing the immigration-related employment laws is a critical component of border security. To create a culture of compliance among employers, ICE will use the following two-pronged strategy: (1) aggressive criminal and civil enforcement against those employers who knowingly violate the law; and (2) continued implementation of programs, such as E-Verify and ICE’s IMAGE program, to help employers comply. Criminal investigations will increasingly focus on employers who abuse and exploit workers or otherwise engage in egregious conduct. To support a meaningful civil audit program, ICE will hire additional auditors and centralize some auditing functions. Through the “I E-Verify” campaign, ICE will work with U.S. Citizenship and Immigration Services (USCIS) to increase public support for companies that use compliance tools. Finally, ICE will seek better statutory tools to address illegal employment.

In an atmosphere of increased worksite enforcement in the coming years, it will be more important than ever for employers to review their own internal hiring practices and procedures, including the completion and retention of the Form I-9. Tracker Corp has many freely available I-9 resources to get you started, while also introducing you to a more efficient and effective compliance tool.

The entire seven page strategic plan is available below.

ICE Strategic Plan 2010

Yesterday, the Pennsylvania House of Representatives overwhelmingly passed two proposals (House Bills 1502 and 1503) that would require certain Pennsylvania employers to verify the employment eligibility of construction and contracted public workers via the E-Verify or Social Security Number Verification Services (NVS) systems.

One bill pertains to public works contractors and their subcontractors doing business with the State and would require verification of their workers’ employment eligibility either through E-Verify (for new hires) or NVS (for existing employees). The companion bill carries the same employment verification requirements for private-sector construction companies “whether or not the work is for a public body or paid for from public funds.” Both bills offer protection to employees who report or participate in an investigation relating to an alleged violation.

If the Senate passes the bills (we will keep you posted), employers who violate these rules could face stiff penalties, including the forfeiture of state licenses or certifications and debarment from state projects.

USCIS has announced that on June 13^th it will launch its redesigned E-Verify website which seeks to offer “a clean and modern design, easy and intuitive navigation, and clear and simple language.” As we previously reported, the most significant changes that you can expect to see include a new home page, case alert functionality, verification screen, and case management features. Let’s take a look at some of the new features that E-Verify users will want to know about in order to prepare for these changes.

Home Page

The modifications to the home page are by far an improvement over the existing interface. As shown in the image below, quick links are now offered to start a new case, update existing cases, or view case alerts. The navigation pane on the left-hand side has also been modified, although the overall functionality is the same.

As mentioned in our earlier post, it’s questionable as to how appropriate the E-Verify work authorization expiration reminder is since you may not create a new case in E-Verify to re-verify an employee. Rather, all reverification must be done on the Form I-9.

Creating, Verifying and Closing a Case

When creating a new case, you will notice the data entry screen where information goes from the employee’s authorization documents now closely resembles the Form I-9 layout. In an effort to reduce the chances of common formatting errors, improvements to the interface have been made such as a segmented Social Security number field and drop-down boxes for all date fields.

The status of a case now displays at the top of the screen. Note that you can still access the entire case history by selecting the “View/Print Case Details” link that is located at the top right of the page.

You will also notice that the case status screen now only displays the last four digits of a Social Security number for added privacy and security. The full Social Security number will continue to be included on TNC notices and referral letters since the employee should verify the number for accuracy.

Once E-Verify displays the final results, you are two steps away from closing a case. First, click the green “Close Case” button and then indicate whether or not the employee whose case you are closing still works for the company. Then, E-Verify will offer new closure statement options for you to choose from based upon whether or not the employee continues to work for the company and the disposition of the case.

Memorandum of Understanding (MOU)

Program Administrators for companies enrolled as employers or designated agents can view their signed MOUs by clicking on “Edit Company Profile” in the left menu. Then click the green “View MOU” button at the bottom of the page.  MOU signature pages that were submitted by fax are not available for download.

Simplified Terms

Finally, USCIS has simplified some of the language used across the E-Verify system. This is a welcomed change.  As noted in the chart below, USCIS is going for more intuitive and simple terms.

NOTE: USCIS has cautioned that they could not update everything all at once. Old terms may linger on some web pages and publications until USCIS allocates the time and resources necessary to update them with their replacements.

You can view the new E-Verify Redesign section of the E-Verify website here.

Recently, USCIS announced the release of a redesigned Permanent Resident Card (Form I-551), also commonly referred to as the “Green Card,” as well as a revised Employment Authorization Document (EAD or Form I-766).  While USCIS began issuing the new EAD and Green Cards in May 2010, please note that previously issued EAD and Green Cards already in circulation remain valid until their expiration date.

USCIS has stated that the changes to both documents seek to provide enhanced security features and discourage immigration fraud. As you can see in the sample images below, the backside of the EAD now has a machine-readable zone that replaced the two-dimensional bar code while the front of the EAD card appears to be unchanged. The changes to the Green Card are comprehensive as the document underwent a complete redesign. In addition to the official announcement unveiling the new Green Card (here) and EAD (here), USCIS has also published a Green Card Fact Sheet and FAQ that go into more detail about the changes.

For I-9 purposes, Employers will want to become familiar with the new EAD and Green Card as both are acceptable List A Documents that establish identity and employment authorization.