1. Identity and
Eligibility
Confirmation –
E-Verify and
Other Tools
Mike Coffey, SPHR
President
Imperative Information Group
(877) 473-2287

2. Legal compliance: Verify applicants’ employment eligibility

3. Risk management: Know who you are hiring
Stephen Robertson Nathaniel Brown Garth Day

4. Sometimes, we can even help the applicant.
1996 – Berkeley, SC 2001, 2002 – Navarro, TX
• Domestic violence • Criminal Trespass
• DWI • Theft
• DWI

5. Legal and regulatory environment
Employment process
Background check
Consent-based SSN Verification
I-9 documentation
E-Verify

6. Immigration Reform and Control Act of 1986 (IRCA)
• Illegal to knowingly recruit,
refer for a fee, or hire aliens
unauthorized to work
• Requires verification of
employment authorization of
all new hires after November
6, 1986 (Form I-9)
• Prohibits discrimination based on national origin
or citizenship status (except for unauthorized
aliens)

7. Title VII of the Civil Rights Act of 1964
• Prohibits discrimination (without a legitimate business
need) based on national origin
• Also prohibits discrimination “because
an individual has the physical, cultural
or linguistic characteristics of a
national origin group.”

8. ICE has shifted its focus from workers to employers
• 2009 – ICE steps up “silent raids” – paperwork audits
• April 2011 - owners of Chuy’s Mesquite Broiler franchises
indicted for hiring unauthorized workers
• September 2011 – 5 managers (including the HR manager)
at IFCO Systems plead guilty to hiring unauthorized aliens

9. Employment process DON’Ts
• “Are you a US citizen?”
• “Place of birth:”
• “Where is your accent from?”
• “Do you always wear that thing
around your head?”
• “If not a US citizen, please provide
copies of your work authorization with your application.”
• Accept Individual Taxpayer Identification
Numbers (ITINs) in lieu of SSNs

10. Employment process DOs
• "In compliance with federal law, all persons hired will be
required to verify identity and eligibility to work in the
United States and to complete the required employment
eligibility verification document form upon hire."
• Collect information necessary for a thorough background
check
• Carefully define job
requirements.

11. Background check reliability depends on identity research.
Employment ID Database
Application
Associated
Name Names
DOB
SSN Issuance
SSN
Prev. addresses Address
history

12. Driving records help corroborate identity
• Available in most states with
only the standard background
check authorization.
• Provides name, date of birth,
and address of license holder.
• Does NOT provide license photo or verify that the person
listed is your applicant.

13. Consent-based SSN verification (CBSV)
• The ONLY legal pre- • Available through
employment means of background screeners or
verifying info with the directly from the SSA
Social Security ($5,000 set up and $1.50
Administration: per transaction)
 Name • Requires SSA-89 be
completed by applicant
 Date of birth
• Does NOT verify that the
 Gender
person listed is your
 Social security number applicant.

14. Form I-9 Section 1

15. Form I-9 Section 1
When must
Section 1 be
completed by
the employee?

16. Form I-9 Section 2

17. Form I-9 Section 2
When must
Section 2 be
completed by
the employer?

18. Form I-9 acceptable documents

19. Form I-9 Section 3
Completed by employer when:
• Previously provided work authorization documents have
expired (new or renewed authorization documents must be
provided – may be a different document)
• Employee rehired within three years of original
I-9 completion
• Employee name change

20. Form I-9 Section 3
Do not reverify:
• US citizens
• Permanent resident card (Form I-551)
• List B documents (drivers’ license, government/voter ID,
etc.)

21. Form I-9 storage
• Must be available for
inspection by DOL, DHS, or
DOL with three days’ notice
• May be electronic (quality
scans or e-signature) or
paper
• Typically stored separate
from other records to
facilitate inspection
• May be stored onsite, offsite, at each work location
or centrally for the company – whatever
makes sense for the employer so long as
quick access is possible

22. Form I-9 retention
Must be retained:
• 3 years after hire
OR
• 1 year after termination
whichever is LATER

23. Form I-9 retention
1. Date the employee began work for pay 1. __________
A. Add three years to the date on line 1. A. __________
2. The date employment was terminated 2. __________
B. Add one year to the date on line 2. B. __________
3. Which date is later; A or B? 3. __________
C. Enter the later date. C. __________
Employers must retain Form I-9 until the date on Line C.

24. What is E-Verify?
• Cooperative program between the Social Security
Administration and the Department of Homeland
Security’s US Citizenship and Immigration Services
• Online system for verification of:
 SSN, name, and DOB match
 Eligibility to work in the US
 Photo match for some documents

25. E-Verify participation requirements
• Employers must sign a
Memorandum of Understanding
with SSA and USCIS
• Employers must post notices in
Spanish and English
• All users must go through painful
online tutorials

26. Who may use E-Verify?
• Available to employers for processing within three days of
hire (typically with Form I-9 processing) – post-hire,
NOT post-offer!
• May not be run on existing employees (except
government contractors)
• Must be run on all new hires once you begin running
employees (except government contractors)

27. E-Verify Form I-9 acceptable documents
Form I-9 must be
completed but List B
documents must
have a picture ID

28. Government contractor options
Government contractors may verify:
 Employees (new and existing) assigned to a Federal
contract only,
 Employees assigned to a covered Federal contract and
new hires throughout the organization, OR
 Entire workforce (all new hires and all existing
employees throughout the entire company)

29. Government contractor E-Verify-exempt employees
• Those hired before 11/06/1986 are exempt
 Those with active active confidential, secret, or top secret
security clearance
• Those for whom background investigations have been
completed and credentials issues pursuant to Homeland
Security Presidential Directive-12

30. Verification options for gov’t. contractor current employees
OPTION 1:
Complete new Form I-9 for each E-Verify-non-exempt
employee (same rules as the process for new employees).

31. Verification options for gov’t. contractor current employees
OPTION 2:
Review previously submitted Form I-9 with the employee
and complete new Form I-9 or updated existing Form
I-9 according to E-Verify Supplemental Guide for Federal
Contractors, September 2010 (attached to handouts).

32. Form I-9 possible responses
• Information from Form I-9
entered into E-Verify system
• The possible responses:
 Employment authorized
 SSA Tentative
Nonconfirmation (TNC)
 DHS Verification in
Process (may lead
to TNC)

33. Response: Employment Authorized
 If employment is authorized, you must still confirm
that the name returned matches the info you
provided
 If there is a difference, request additional
verification
 DHS must respond within 3 business days

34. Response: Tentative Nonconfirmation
 Notice to Employee of Tentative
Nonconfirmation provided to
employee
 If employee does not contest
nonconfirmation, case is resolved
and employee is terminated

35. Contested Tentative Nonconfirmations
• Eight government workdays to contact the SSA/DHS to
resolve the issue.
• The employee continues to work.
• No adverse action taken against employee, including
delaying start date or limiting training.

36. Final Nonconfirmation
• Employee is terminated and case is closed in E-Verify.

37. Questions?
Attached to printed slides:
• DHS Form I-9 Process in a Nutshell
• USCIS E-Verify Supplemental Guide for Federal
Contractors
Free webinars and recertification credit available. Visit
http://www.imperativeinfo.com for the schedule of
upcoming presentations.
Mike Coffey, SPHR
President
Imperative Information Group
(877) 473-2287