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E-Verify. Spring 2012 Director Workshop March 29, 2012. E-VERIFY REQUIREMENTS. The Alabama Immigration Law implements the requirements to check the employment status of each newly hired employee through the federal internet-based E-Verify program.
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E-Verify Spring 2012 Director Workshop March 29, 2012
E-VERIFY REQUIREMENTS • The Alabama Immigration Law implements the requirements to check the employment status of each newly hired employee through the federal internet-based E-Verify program. • The E-Verify program checks the social security number, employee name and other information from the Form I-9 immigration form against the records at the Social Security Administration and the Department of Homeland Security.
E-VERIFY REQUIREMENTS • The new law not only requires the school system to E-Verify its new hires but also requires the school board to determine if the businesses that are awarded contracts provide assurances that E-Verify is used for its new hires. • Assurances are obtained by an affidavit from the business that it is following the new law.
E-VERIFY REQUIREMENTS • Only a business (or employer) with one or more employees working in Alabama is required to submit an affidavit and documentation of compliance with the law. • The documentation of compliance provided with the affidavit is the E-Verify Memorandum of Understanding obtained when the employer has completed the process for enrolling to use the E-Verify program for its new hires.
E-VERIFY REQUIREMENTS • E-Verify affidavit requirements apply to contracts or grants awarded by the school board after January 1, 2012. • Contracts are awarded through contractual agreements or competitive bids. • Grants are usually awarded as a result of an application such as a school board issuing a grant to a non-profit for tutoring services.
E-VERIFY REQUIREMENTS • E-Verify affidavit requirements also apply to contracts for consulting or other personal service contracts if the business entity or employer has one or more employees working in Alabama. • An Employer Identification Number provided by the IRS is required to enroll in E-Verify.
Subcontractors • A business that has a contract with the school board or other public entity is required to obtain a different affidavit form on subcontractors that it hires. For instance, if a contractor is hired to renovate a lunchroom, the contractor provides an affidavit to the school board but the contractor must obtain affidavit forms from any businesses that it uses as subcontractors.
Subcontractors • A county commission that receives a summer feeding grant and then contracts with a school board to provide meals would receive a subcontractor affidavit form from the school board. • A school board that receives a summer feeding grant and then contracts with a business to deliver the meals would obtain a subcontractor affidavit form and documentation.
E-VERIFY • E-Verify is one step beyond the Form I-9 required for all employees hired after November 6, 1986. • E-Verify is a free service that allows employers to determine that the information provided by an employee for Form I-9 is valid or that the documents presented are genuine.
SSN Required for E-Verify • E-Verify requires the employee provide a Social Security number and an acceptable photo identification. • Display of E-Verify posters in English and Spanish required.
Employee Rehires • A rehire is a new hire for E-Verify purposes. Even if the employee has completed a Form I-9 within the previous 3 years. • If you hire a retired teacher as a substitute you must E-Verify the employee.
Substitutes • So, how are substitutes hired in your school system? • School board approves substitute list? • Principals notify payroll after the substitutes have worked? • Can a Form I-9 be completed no later than the first day of work? • Can the substitute be E-Verified no later than the three business days after the first day worked?
Substitutes Hired Before E-Verify • If the school board approves employees to be added to the substitute list: • Board approved in 1984 and has worked occasionally since then. No I-9 required. • Board approved in 1992 and has worked some since then but no I-9 was completed. Complete I-9 but don’t E-Verify. • Board approved in 2009 and I-9 was completed but never worked until today. Don’t E-Verify.
Substitutes Hired Before E-Verify • If the school board does notapprove employees to be added to the substitute list: • In the words of Ricky Ricardo: “Lucy, you got some ‘splaining to do.” • You can’t E-Verify existing employees on your current workforce ─ only new hires ─ so what do you consider the hire date for a substitute?
E-Verify Substitutes • You cannot E-Verify a new hire before a Form I-9 is completed and you cannot complete a Form I-9 before the employee has been offered and has accepted the job. So you can’t receive a Form I-9 with the application. • How is a substitute offered the job and how does the substitute accept the job offer?
Substitutes • If you contract with an agency that pays the substitutes the agency is responsible for the Form I-9 and E-Verify requirements. • If your school board hires an employee who has been working in your schools but was paid by the agency you must treat the employee as a new hire.
Temporary Employees • You must E-Verify all employees hired after your school board has enrolled in E-Verify, even if the employee will work for less than a day. • The employee must be E-Verified no later than 3 business days after the first day the employee works.
E-Verify Nonconfirmation • A Tentative Nonconfirmation (TNC) means that the information entered into E-Verify from Form I-9 does not match either the Social Security Administration (SSA) and/or the Department of Homeland Security (DHS) records for the employee. • An SSA TNC does not mean that the employee is not authorized to work in the United States.
Tentative Nonconfirmation • An SSA TNC case result may occur because the employee’s: • Name change was not reported to SSA. • Name, SSN, or date of birth is incorrect in SSA records. • Citizenship or immigration status was not updated with SSA. • SSA record contains another type of mismatch.
SSA TNC • Privately notify the employee of SSA TNC. • Print, sign, and date SSA TNC Notice. • Instruct employee to sign and date SSA TNC Notice. • Keep original signed SSA TNC Notice on file with Form I-9. • Provide copy of signed SSA TNC Notice to employee. • Take next action based on employee’s decision to contest or not contest the SSA TNC Notice. • Follow instructions on E-Verify screens and E-Verify User Manual.
SSA TNC • The employee must visit the local SSA field office within eight federal government workdays to the date of referral to resolve the issue with SSA. • The employer may not ask the employee to obtain a printout from SSA records or other written verification of the employee’s Social Security number from SSA.
Tentative Nonconfirmation • During the period of time an employee is contesting a TNC, treat the employee as if he or she is authorized to work under the same conditions as if the employee did not receive a TNC, until a secondary verification by SSA or DHS is completed or a Final Nonconfirmation is issued.
E-Verify and Form I-9 • E-Verify requires that employers obtain additional information that was not required for completing Form I-9 before the employer enrolled in E-Verify: • Social Security number is now required. • A photo on identity documents is now required.
Form I-9 • The employee completes Section 1 but must have a street address. A post office box address is not allowed. • The employer completes Section 2 and examines the documents the employee provides. • Unexpired photo identification and social security number.
Correcting Form I-9 • Employers cannot correct errors in Section 1. • Ask the employee to make corrections by: • Drawing a line through incorrect information. • Entering the correct information. • Initialing and dating the correction. Do Not Conceal Any Changes.
Form I-9 Errors • An employer may not withhold pay for work completed or withhold a W-2 because an employee did not complete a Form I-9. • An employer may not reject a unexpired driver’s license because the license has been revoked. • In order to be acceptable for Form I-9 purposes, a birth certificate must be an original or certified copy of a birth certificate bearing an official seal.
Valid Social Security Cards • A signature on the card is not required. • A laminated Social Security card is valid unless it states on the back that “not valid if laminated. • Metal or plastic reproductions of Social Security cards are not acceptable. • There are currently 50 different versions of Social Security cards. Do not accept cards marked: • NOT VALID FOR EMPLOYMENT • VALID FOR WORK ONLY WITH INS AUTHORIZATION • VALID FOR WORK ONLY WITH DHS AUTHORIZATION
