EVERIFY I-9
What language is the employer unable to use when describing services?
"federally-approved, federally-certified, federally-recognized, or use language with a similar intent on its website or other materials provided to the public.
How many days in advance must a request for account cancellation be submitted to an agent?
30 days
How many federal work days does the employee have to visit the SSA office to contest?
8 days
Define E-verify Agents
Any person, company, or other entity that is providing the service of verifying employees as a third party to client employers
What types of federal contractors are allowed to only verify new and existing employees assigned to the Federal contract.?
Federally Recognized Indian Tribes Higher Education Institutes
What is an I-129 form?
Form I-129, Petition for a Non immigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers to obtain a worker on a non immigrant visa status
Must Form I-9 be completed in ink or can I use pencil?
Form I-9 does not need to be completed in ink and the use of pencil is not prohibited. The information written or printed on the form must be legible and the information must be readable for the entire retention period of the form. The preferred medium is black or blue ink since it is permanent, often easier to read and not as susceptible to fading.
Can a different date format be used on the Form I-9? If a different format has been used should I correct the Form I-9?
It is recommended to use the American date format MM/DD/YYYY which is shown on the Form I-9 and the Form I-9 Instructions. Other formats are acceptable as long as it is clear what format was used. Corrections are not required to correct the date format.
Responsibilities of the SSA:
SSA agrees to allow DHS to compare data provided by the employer SSA agrees to safeguard the information the employer provides through the E-verify procedures SSA agrees to provide case results from its database within three fed gov work days of the initial inquiry SSa agrees to update SSA records as necessary if the employee who contests the nonconfirmation SSA visits the SSA field office and provides evidence
What does SSA and DHS stand for?
Social Security Administration and Department of Homeland Security
TRUE OR FALSE: E-verify employer agent reps must take refresher tutorials initiated by the E-verify program as a continued use of E-verify.
TRUE
TRUE OR FALSE: If an employer is considered a federal contractor(there are only a few exceptions to this), then it has to enroll within 30 days of a contract award and within 90 days start screening using E-verify
TRUE
TRUE OR FALSE: Must the employer agree to obtain the employee's response about whether or not they willl contest nonconfirmation.
TRUE
True or False: SSNs are required for employers to create E-verify cases
TRUE
TRUE OR FALSE: State workforce agencies can certify that people they refer are authorized to work.
TRUE: . A state workforce agency may choose to complete Forms I-9 and verify the employment authorization and identity of individuals it refers to employers. If you hire an individual referred to you by a state workforce agency, the agency must issue a certification to you so that you can comply with Form I-9 requirements.
How long does an employer agent have to terminate a reps access if they are no longer employed with the company?
This must be done immediately
Who closes the E-verify account when the agent is changed?
The prior agent would close the account and then the new agent will open a new account
If am employee changes citizenship status after completing Form I-9, are they required to change their attestation?
There is no requirement to update the individual's attestation. The employee can voluntarily update Section 1 and initial and date the changes or complete Section 1 of a new Form I-9 and attach it to the existing Form I-9
As an E-verify Employer Agent Representative, what information do you have to provide to the SSA and DHS on you?
Your name, title, address, and telephone number if you are accessing information under e-verify and they must also keep the information updated
What is E-verify?
A program that electronically confirms an employee's eligibility to work in the US
What is an H-4?
A visa issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.
Who must an employer screen for I9?
ALL new hires
Responsibilities of DHS:
DHS agrees to assist the E-verify employer agent with operation issues DHS agrees to provide the E-verify employer agent with access to E-verify training materials and a manual with instructions, policies, and procedures for both SSA and DHS DHS agrees to train E-verify employer Agents on all important changes and refreshers to give each a unique log-in provide a means of automated verification provide a means of secondary verification provide anti-discrimination notices
What is needed to enroll an employer in E-verify?
EMPLOYER NAME ADDRESS EIN OR FED TAX ID TOTAL NUMBER OF EMPLOYEES THE FIRST THREE DIGITS OF THE NAICS CODE WHETHER THE EMPLOYER IS A FED CONTRACTOR, AIRPORT OPERATOR, OR STATE/LOCAL GOV ORGANIZATION OR HAS A FAR CONTRACT CONTACT INFORMATION FOR THE EMPLOYER'S MEMORANDUM OF UNDERSTANDING SIGNATORY WHO IS AUTHORIZED TO ACT ON BEHALF OF THE COMPANY CONTACT INFORMATION(PHONE NUMBERS/EMAIL/F)
What are the possible case results and their meaning?
Employment Authorized: The employee's information matched records available to SSA and/or DHS Verification in process: This case was referred to DHS for further verification Tentative nonconfirmation: information did not match records available to SSA and/or DHS. Additional action is required Case in continuance: the employee has visited an SSA field office or contacted DHS, but more time is needed to determine the final case results Close case and resubmit: SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee's us passport, passport card, or drivers license information is incorrect. Final Nonconfirmation: E-verify cannot confirm the employee's employment eligibility after the employee visited SSA or Contacted DHS
TRUE OR FALSE: E-verify cases are created on an individual before they are hired.
FALSE-Employers are prohibited from creating cases on an individual before they are hired.
TRUE OR FALSE: Employers must publicly notify employees of their findings if they cannot be verified
FALSE-this must be done in private
TRUE OR FALSE: The Employer agrees that it will notify its E-Verify Employer Agent within 30 days if it is awarded a federal contract with the FAR clause
FALSE: The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a federal contract with the FAR clause
TRUE OR FALSE: The employer must request that an employee obtain a print out from the SSA or written verification of the SSN?
FALSE: The employer cannot ask for a print out from the employee or written verification
Are employees required to complete Form I-9 if he/she is attending training in the United States before starting his/her job in a foreign country?
If your company is paying for training that is required for the job, Form I-9 should be completed. You must complete Form I-9 in this situation even if your employee will be attending the training in the United States only for one day.
Does a self employed individual need to fill out an I-9 form on themselves?
No
Does the DHS certify E-verify employer agents or regulate the fees they charge?
No
How long does the Employer agent have to create a case for a new employee?
No later than three business days that the employee starts work for pay or renumeration
Is E-verify considered pre-employment screening?
No, it is not to be done before an applicant is hired
Do employers need to enroll only once for E-verify even if they change agents?
No, they must re-enroll with each new agent
If someone is a recruiter or referrer for a fee, do they have to fill out Forms I-9 on individuals that they recruit or refer?
No, with three exceptions: Agricultural associations, agricultural employers, and farm labor contractors. These entities must complete Forms I-9 on all individuals who they recruit or refer for a fee. Also, all recruiters and referrers for a fee are liable for knowingly recruiting or referring for a fee individuals not authorized to work in the United States and must comply with federal anti-discrimination laws
Can I-9 documents be examined b webcam?
No. An authorized representative must physically examine each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Reviewing or examining documents via webcam is not permissible.
Can an employer use a signature stamp to sign Section 2?
No. Both the employer's and the employee's handwritten (or electronic signature, if applicable) signatures are required to complete Form I-9.
Do employers need to fill out Forms I-9 for independent contractors or their employees?
No. For example, if you contract with a construction company to perform renovations on your building, you do not have to complete Forms I-9 for that company's employees. The construction company is responsible for completing Forms I-9 for its own employees. However, you may not use a contract, subcontract or exchange to obtain the labor or services of an employee knowing that the employee is unauthorized to work.
At what point in the hiring process is the I9 screening used?
Once the individual is already hired and has began to earn wages
Define renumeration:
Remuneration can come in many forms, such as money, meals, lodging and other benefits, but does not include gifts. If your company determines that unpaid individuals will receive something of value in exchange for labor or services, your company should complete Form I-9.
Who provides the E-verify User Manual to the employer?
The E-verify Employer Agent and it must be the most current version
What must employers display in the work place?
The E-verify Participation and the Notice of the Right to Work in English and Spanish
What is an H-1B
The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience
In what cases can an employer use a previously completed form I-9?
The I-9 form is complete The employee's work authorization has not expired the employer has reviewed the information reflected in the form I-9 either in person or in communications with the employee to ensure the employee's attestation has not changed.
In what cases does the employer need to complete a new Form I-9?
The employer cannot determine that the form !-9 is compliant with Article II.A.6 The employee's basis for work authorization is attested, has expired, or has changed The form I-9 contains no SSN or is otherwise incomplete
What is considered the first day of employment for E-verify?
The first day an employee works in exchange for wages or remuneration
Define MOU signatory
The individual with signature authority to legally bind the company to the agreement with the E-verify employer agent. (owner, president, head of HR)
What does USCIS stand for?
United States Citizenship and Immigration Services
When can the E-verify employer agent begin creating E-verify cases for the employer in the sign up process?
When the signatory has electronically signed the MOU
Are election judges and poll workers exempt from completing Forms I-9 in accordance with U.S. Department of Justice memo dated Feb 18, 1988 signed by John R. Schroeder?
YES
Is it acceptable to have both typed and handwritten information on the Form I-9?
Yes
Can the E-verify agent use the E-verify logos or trademarks?
Yes, as long as it is under license by DHS/USCIS and not imply that the products, services, websites, or publications are sponsored by or endorsed by DHS, USCIS, or E-verify
Can a Form I-9 be included in a job application packet?
Yes. An Form I-9 can be included in a job application packet as long it is applied uniformly to all job applicants and done for information purposes. Do not ask employees to complete Form I-9 as part of the application process. Form I-9 must be completed after your employee has been provided and accepted an offer of employment.
Can there be any additional writing or highlighting on Form I-9?
Yes. However, you must ensure that such information is legible. Any additional writing, printing or highlighting on Form I-9 outside of the required information must not interfere with an authorized government official's ability to read the information on the form or add additional requirements to the form.
If someone accepts a job with a company but will not start work for a month, can a Form I-9 be completed when the employee accepts the job?
Yes. The law requires that you complete Form I-9 only when the person actually begins working for pay. However, you may complete the form earlier, as long as the person has been offered and has accepted the job. You may not use the Form I-9 process to screen job applicants or to delay the actual start day of work.
Can employers contract with someone to complete Forms I-9 for their business?
Yes. They can contract with another person or business to verify employees' identities and employment authorization and to complete Forms I-9. However, the employer is still responsible for the contractor's actions and are liable for any violations of the employment eligibility verification requirements
Do employers have to complete Forms I-9 for Canadians or Mexicans who entered the United States under the North American Free Trade Agreement (NAFTA)?
Yes. they must complete Forms I-9 for all employees, including NAFTA entrants
