Wednesday, December 7, 2016

Does E-Verify Show a Photo of the Employee When Providing Case Results?

In specific situations, E-Verify will ask the employer to confirm a “Photo-Match” by showing an image of the employee for whom Form I-9 information had been submitted.

If the employer sees that the image on screen matches the image appearing on the employee’s supporting documents, they can confirm and a case result is then generated. This request for the employer to confirm a Photo Match would occur only when E-Verify receives a case submission for one of several documents.

These are either a US Passport, US Passport Card, I-551 Permanent Resident Card, or an Employment Authorization Document I-766. All of these documents contain a photo and all will generate a “Photo-Match” request.

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Tuesday, December 6, 2016

“Can an Employer’s Discretion Be Used to Decide Which Form I-9 to Submit to E-Verify?”

The Department of Homeland Security (DHS) created the program to ensure only work authorized individuals are hired, but employers must avoid discrimination. The proper use of the program entails certain specifics and one of these forbids employers to choose whom they use E-Verify for as this can be a cause for discrimination.

When an employer agrees to the Memorandum of Understanding (MOU) with DHS, they generally agree to use E-Verify on each individual they hire after a Form I-9 has been completed. It would be incorrect to use E-Verify on some employees but avoid using it for others. 

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Do E-Verify Participants Still Have to Use a Form I-9?

Some organizations may wonder whether they still have to use a Form I-9 after being approved for participating in the E-Verify program, and the answer is yes.

A Form I-9 is never replaced with E-Verify as the E-Verify program itself depends on a Form I-9 in order to work in benefiting the employer. 

Additionally, participating in the program is done under the requirements of the Memorandum of Understanding (MOU) with DHS and employers must ensure they not only use the program for each employee, but they use it correctly. This begins by making sure that before submitting a case to E-Verify, a Form I-9 is completed first.

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Friday, December 2, 2016

How Does an Organization Participate in E-Verify?

The Department of Homeland Security (DHS) which operates E-Verify, requests a registration form from each organization wishing to participate. This is generally a simple process that requires a few key details about the organization and a main point of contact.

Once this is provided to DHS, they will generate a Memorandum of Understanding (MOU) custom to each organization. It must be signed and returned to DHS, at which point the organization is approved for participation and issued a unique Client ID Number. 

The employer may then begin using the system to verify employees with the whole process taking as little as one day!

Want to see a brief demo of how simple E-Verify is? Contact Form I-9 Compliance today!

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Thursday, December 1, 2016

How Does E-Verify Work?

How Does E-Verify Work?

Since employers have to verify employment eligibility for each employee by completing a Form I-9, they also have to determine which documents to accept.

Generally, the documents authorizing employment eligibility are issued by the federal government through different agencies. These include the Social Security Administration (SSA) and agencies within the Department of Homeland Security (DHS) such as USCIS (United States Immigration & Citizenship Services) and CBP (Customs & Border Protection).

E-Verify works with cooperation from these agencies who work together to provide data to E-Verify. When employers submit Form I-9 information to E-Verify, this data is then compared in order to generate a case result.  

Want to see a brief demo of how simple E-Verify is? Contact Form I-9 Compliance today!

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Wednesday, November 30, 2016

E-Verify May Become Law for Texas State Contractors

Federal contractors are already required to use the growing E-Verify program and this week, a bill has been filed in Texas that would require the same of all state contractors. 

Texas State Senator Charles Schertner (R-Georgetown) filed Senate Bill 254 on November 28, 2016 that if passed, would require all state contractors and sub-contractors in Texas to participate in the federal E-Verify program. 

The program is an electronic employee verification system that already had the support of Texas governor Rick Perry but may now become law. While many employers already participate the law would require all employers with a state contract to sign up and participate in E-Verify.  

See how simple E-Verify is with our brief demo – contact Form I-9 Compliance today!

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Tuesday, June 28, 2016

Colorado Repeals Law Requiring "Affirmation Form" After Each Completed Form I-9

Effective August 10, 2016  

"Colorado-Affirmation-Form Requirements are Eliminated for Employers in the State of Colorado"

Since January 1, 2007, the Colorado employment verification law (§ 8-2-122, C.R.S.) has required Colorado employers to verify and document the work authorization of all newly hired employees by completing the Colorado Affirmation Form.

2016 Changes to the Law:

House Bill 16-1114 eliminates the Colorado Affirmation Form requirements, beginning August 10, 2016. The legislature also eliminated the rather hefty penalty provision, while noting however that the CDL can still initiate random audits to inspect the Forms I-9.

Next Steps for Colorado Employers:

Based on the upcoming changes to the Colorado law, employers should carefully review their current policies and practices and create a transition plan for phasing out the “Colorado Affirmation Form” requirements.

Important Considerations:

The new law goes into effect on August 10, 2016.
Until that date arrives, continue to complete the Colorado Attestation Form and retain document copies for all newly hired Colorado employees according to the program rules. 

HR and hiring managers should be instructed well in advance that you will no longer be required to complete the separate Colorado Affirmation Form for newly hired Colorado employees beginning on August 10, 2016. 

On August 10, 2016, the Colorado Attestation Form “pop-up alert” and reference link on the electronic Form I-9 will be permanently removed.

You will need to decide whether to continue retaining copies of all I-9 source documents for your Colorado locations.
Retention of source documents is optional under the federal I-9 rules.

The new law does not specifically address what to do with all of those previously completed Colorado Affirmation Forms and document copies. Employers may wish to adopt a conservative approach and retain them for the duration of the individual’s employment, just in case of a CDL audit.
Once the employee is terminated, the employer may securely dispose of the Colorado Affirmation Form and any source documents that were retained separately pursuant to the requirement. As always, employers must continue to retain the Form I-9 records for the later of 3 years after the employee was hired or one year after termination.

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