Effective Date: |
September 23, 2015 |
Function: |
Human Resources |
Contact: |
VP, Human Resources |
Effective September 8, 2009, a presidential amendment to Executive Order 12989 directs federal departments and agencies to require contractors to use a web-based, electronic employment eligibility verification system to verify employment authorization. Employment eligibility queries will be initiated for all employees appointed to the Research Foundation payroll after March 1, 2010. The query may be performed after an offer of employment has been made and accepted and the I-9 form has been completed and must be completed no later than three days after commencement of work. For example, if an employee is hired on Monday, the E-Verify query must be completed by Thursday of that week.
Employment eligibility queries will be initiated for all current employees hired after November 6, 1986 who are performing work directly on a covered contract or subcontract which contains the Federal Acquisition Regulation (FAR) clause requiring verification.
Enrollment
The Research Foundation for SUNY central office of Human Resources, is enrolled in the E-Verify system as the Corporate Administrator and can manage location accounts.
Each campus location is enrolled as an E-Verify user account and has designated program administrator(s) for the site. Program administrators must complete an online tutorial and mastery test before performing the first E-Verify query and assigning additional General Users at their location.
Notifying Employees
All campus locations are required to post the E-Verify Right to Work Poster and the E-Verify Participation Poster, which can be found Posting Notices.
I-9
Data is entered into the E-Verify system from the employee I-9 form. Employees are permitted to present any document or combination of documents acceptable by law (listed on the back of the I-9 form). However, List B identity documents must contain a photo and the employee must supply their social security number in Section 1 of the form. If a noncitizen does not have a Social Security Number (SSN) at the time of hire, the E-Verify query may be submitted after a social security number is obtained.
If an employee presents a permanent resident card or an employment authorization document, a copy of the front and back must be retained with the I-9 form.
If a query is being submitted for a current employee who is assigned to a covered contract, a new I-9 form must be completed and data from the new form should be entered into the E-Verify system. Staple the existing I-9 form to the new form.
Upon completion of the verification, the case verification number should be noted on the I-9 form and a print out of the case details page should be attached.
For more information on I-9 forms and E-Verify implications refer to: Employment Eligibility Requirements: The I-9 Process.
Verification
New Employees
After the I-9 form is completed, the following outlines the steps that need to be taken to enroll a new employee:
Step |
Role or Responsibility |
References or Tips |
Log-in to E-Verify with assigned user ID and password |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Under Case Administration, select Initial Verification (for both new and rehired employees) |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Complete fields using data from Sections 1 and 2 of the employee's I-9 Form Note: A red asterisk to the right of a text box indicates a required field. Employer Case ID is an optional field if you wish to assign an internal tracking number to the case. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Receive E-Verify result (See Verification Results section below). User may be asked to verify information entered, and then select Continue Verification to receive results. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Note: See E-Verify User Manual for Federal Contractors for more detailed system steps.
Existing Employees
Existing employees who are working on an E-Verify covered contract will need to be verified through the E-Verify system within 30 days of assignment to the contract. The following outlines the steps that need to be taken:
Step |
Role or Responsibility |
References or Tips |
Pull existing employee I-9 form from file |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Complete new I-9 using the most current version and conforming to E-Verify requirements (i.e. SSN required, List B Document contains photo) Note: Use the original hire date on the new I-9 |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Staple the two I-9’s together with a note on top of the new I-9 reading "New I-9 for E-Verify Purposes" |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Complete E-Verify query as outlined in the steps above |
HR Administrator or person responsible for running E-Verify queries |
N/A |
SUNY IFR Employees Performing Work on a Covered Contract
The E-Verify obligation extends to SUNY employees who are performing work directly on a covered contract and paid via IFR. When a contract is awarded, pre-award/grants and contracts staff will notify the Research Foundation and SUNY Human Resources of SUNY employees directly performing work on a covered contract so that SUNY can complete the required E-Verify query. See Guidance on FAR 52.222-54: E-Verify Optional Clause under Award Establishment and Maintenance. The E-Verify Notice to IFR Appointment Forms should be used to communicate SUNY employees on a covered RF contract.
Break in Service
For employees who have a break in service and are rehired within 3 years of the date of the initial execution of form I-9, a new E-Verify case does not have to be generated if a query was run previously, unless a new Form I-9 is required in the reverification process. For employees rehired more than three (3) years from the initial execution date of the previous Form I-9, a new I-9 must be completed. Whenever a new Form I-9 is required, an E-Verify query must be run.
Note: If an E-Verify case was previously created, it must have an Employment Authorized result in order to be considered valid. Any other final result would require a new case to be generated.
Seasonal Appointments
If an employee is Seasonal, with a reasonable expectation of continuing employment from one period of employment to the next, a rehire is not considered to have taken place for I-9 purposes despite an interruption in employment. Therefore an E-Verify query is not required with each summer appointment.
Summer Only employees with a break in consecutive appointments must follow the appropriate process for rehires as described in the break in service section of this policy.
Note: For more guidance on what to do and each situation, refer to the I-9/E-Verify Quick Reference Table.
Photo Match Tool
The photo matching tool is an automatic part of the initial verification in E-Verify that will prompt a comparison of an employee's photo ID with a photo displayed on the E-Verify screen. The photo matching step occurs automatically when an employee presents a Permanent Resident Card (I-551) or an Employment Authorization Document (I-766) for the I-9 Form documentation.
The photo on the E-Verify screen and on the document presented should be compared. Those photos should not be compared to the employee. The photos should be the same, taking into account age and wear of the document and the quality of your computer screen.
Employment Authorized
This response indicates that employment authorization is verified and the case may be resolved. The case verification number should be recorded on the I-9 and the case details page should be printed and attached to the I-9 form. No other steps need to be taken in the E-Verify system for this employee at this time.
Social Security Administration Tentative Nonconfirmation (SSA TNC)
A Social Security Administration Tentative Nonconfirmation (SSA TNC) response indicates that the employee's Social Security information could not be verified. This does not mean that the employee is not authorized to work, and they should remain on payroll and working. An SSA TNC may occur because the employee's name, SSN, or DOB is incorrect in SSA records, a name change was not reported to SSA, or citizenship or immigration status was not updated with SSA.
The following outlines the steps to be taken when an SSA TNC is received:
Step |
Role or Responsibility |
References or Tips |
Notify the employee of the TNC as soon as possible |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Select Notification to Employee in the E-Verify system to display the TNC notice. The Notice to Employee of Tentative Nonconfirmation will appear. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Print the Notice to Employee of Tentative Nonconfirmation. Provide the notice to employee and review. The employee must indicate whether they want to contest the TNC. Select Contest or Not Contest in E-Verify system. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Employee must sign and date the notice in the Signature of Employee area and the federal contractor must sign and date the notice in the Signature of Employer Representative area. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Give copy of signed notice to employee and file the signed notice with the employee's I-9 Form. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
If employee does not contest the TNC, select Resolve Case. Notify employee that they will be terminated. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
If employee contests the TNC, select Initiate SSA Referral in the E-Verify system which will allow SSA electronic access to the employee's case when he/she visits the SSA field office to resolve the discrepancy. No action should be taken against the employee while they work to resolve the TNC. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Access the employee's case details page in E-verify system and select Notification to Employee - Referral to Social Security Administration. Print the SSA Referral Letter and both RF representative and employee should sign and date. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Give employee copy of signed SSA Referral Letter and file with the employee's I-9 form. Instruct employee to take the letter to the SSA office within 8 federal government workdays. The referral letter provides specific instructions for the employee on how to contact SSA to correct his/her records. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Check E-Verify regularly to check the employee's verification status. The TNC should be formally reviewed on the 10th day after the referral is entered into the system. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
E-Verify will respond to the SSA TNC with one of the following:
DHS Verification in Process
The following outlines the steps to be taken when a DHS TNC (with or without Photo Tool Non-Match) is received:
Step |
Role or Responsibility |
References or Tips |
Notify the employee of the TNC as soon as possible. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Select Notification to Employee in the E-Verify system to display the TNC notice. The Notice to Employee of Tentative Nonconfirmation will appear. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Print the Notice to Employee of Tentative Nonconfirmation. Provide the notice to employee and review. The employee must indicate whether they want to contest the TNC. Select Contest or Not Contest in E-Verify. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Employee must sign and date the notice in the Signature of Employee area and the federal contractor must sign and date the notice in the Signature of Employer Representative area. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Give copy of signed notice to employee and file the signed notice with the employee's I-9 form. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
If employee does not contest the TNC, select Resolve Case. For assistance in determining next steps contact RF Central Office. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
If employee contests the TNC, select Initiate DHS Referral which will allow DHS electronic access to the employee's case when he/she calls DHS to resolve the discrepancy. The Confirm Employee notification page will appear and you must select Notified or Not Notified. If Notified, the DHS Referral Letter will appear. Print and review with employee. The letter provides instructions on how to contact DHS. The employee has 8 work days to initiate the resolution. No action should be taken against the employee while they work to resolve the TNC. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Both you and employee will sign the referral letter and provide a copy to employee and file with I-9 form. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Check E-Verify daily for a response. The TNC should be formally reviewed on the 10th day after the referral is entered into the system. |
HR Administrator or person responsible for running E-Verify queries |
N/A |
Final Nonconfirmation
If a Final Nonconfirmation is received, the RF will take action up to and including termination of employment. Employment of an employee with a Notice of Final NonConfirmation cannot be continued without central office human resources and legal review and approval. If it is determined that the employee is authorized to work, and the RF is legally able to continue employment, campus administrators must work to resolve the case in E-Verify. DHS must be notified of the continued employment. Thorough documentation of work eligibility must also be kept in the personnel file.
Monitoring
Following are Queries in Report Center that have been developed for E-Verify monitoring purposes (using the XXX HR ALL responsibility):
We suggest that campuses run the queries at least monthly to monitor that all employees are being appropriately verified.
Additionally, the E-Verify system has the following reports available to Program Administrators:
E-Verify- E-Verify is a web-based system that allows an employer, using information reported on an employee's Form I-9, to verify an employee’s identity and eligibility to work in the United States. The E-Verify system is operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA).
Corporate Administrator- Manages multiple company accounts from a central location. Can unlock accounts, view reports for multiple company sites, and register and administer company sites and user accounts.
Program Administrator- Creates user accounts for other Program Administrators and General Users. Can view reports, perform queries, update profile information and unlock user accounts.
General User- Can perform verification queries, view reports, and update their personal user profile.
Seasonal Appointment- Seasonal employees are defined as those individuals who possess a reasonable expectation of continued employment from one period of the year to the next. An example of this at the RF is Summer Only appointments.
Employment Eligibility Requirements: The I-9 Process
E-Verify User Manual for Federal Contractors
I-9/E-Verify Quick Reference Table
E-Verify Notice to IFR Appointment Forms
Date |
Summary of Change |
September 23, 2015 |
Update various sections to reflect I-9 and E-verify policy clarification and citations |
November 1, 2014 |
Updated to include information on E-Verify requirements for rehired employees. |
November 8, 2010 |
Updated name of Discoverer query to remove 650 |
March 20, 2010 |
Added monitoring section, details on deadline to recheck system in TNC cases, and links to Agreement documents |
February 1, 2010 |
New Document |
February 19, 2010 |
Added details on initial log-in for campus enrollment |
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