E-Verify is an essential background check for any company that is working as a federal contractor. As of September 8th, 2009, it is mandatory that anyone serving as a federal contractor or in some cases as a state contractor, must conduct I-9 or E-Verify Background Checks on any of its hires. With E-Verify, the employer may not use thee service as a pre-employment background check but must first offer the applicant the job and then conduct the I-9 to assure the applicant is eligible to work in the United States.
I have written about the E-Verify and I-9 a number of times, especially with regard to its significance in vetting ineligible or undocumented workers and how the search is essential for federal contractors. One such article is entitled, E-Verify in Effect for Government Contractors September 8th. Straightforward enough, I would think.
E-Verify has recently revised the I-9 form. Each employer is required to fill out the new MOU or Memorandum of Understanding. For your convenience, Corra Group has posted the new E-Verify Memorandum of Understanding on its Website. The new MOU form expires August 30th, 2012.
We suggest everyone also read the memorandum I have posed below.
Memorandum
TO: Web Services E-Verify Emnjeyer Agents
FROM: Howard W. McMillan Am^Al^. I 6 t(r
Chief, Verification Division
U.S Citizenship and Immigration Services (USCIS)
SUBJECT: Notification of Significant E-Verify Program Enhancements
The Verification Division, United States Citizenship and Immigration Services, Department of
Homeland Security, is responsible for the operation of the E-Verify program. Accordingly, the
Verification Division periodically implements enhancements to improve E-Verify. On June 14,
2010, E-Verify implemented the following enhancements:
• A new Memorandum of Understanding (MOU) for Web Services E-Verify Employer
Agents (formerly known as Designated Agents) – The MOU provides new guidance on the
specific responsibilities of Web Service E-Verify Employer Agents. As a result, all E-Verify
Employer Agents are required to complete the new MOU. You should return the signed copy
of the MOU signature page by August 06, 2010. Failure to return the requested information
by that time could result in loss of access to E-Verify.
To submit the signature page, you can:
1) Fax it to (202) 443-0215. You should include your Company ID number on the upper
left hand corner of the signature page. Additionally, you should include a cover sheet
with your company’s name, address and contact information, or
2) Scan and email it to DAsupport@dhs.gov. You should include your Company ID
number, company name, address and contact information in the email. The subject
heading for the email should be MOU recertifieddon for E-Verify Weh Services.
• Improvements to the 3-day Rule – If you are unable to create a case within 3-days of hire,
E-Verify will prompt the user to enter the reason for the delay. As a result, employers will
no longer be required to note the reason for delay on the employee’s Form 1-9.
• New Audit Trail for Tentative Nonconfirmation (TNC) Notices and Referral Letters –
E-Verify will record when the user prints the TNC Notice or Referral Letters.
www.uscis.gov
Notification of Significant E-Verify Program Enhancements Page 2
• Updates to terminology in the Social Security Administration (SSA) and DHS TNC and
Referral Letters
• New Case Closure Process – When closing a case, users will be prompted by a wizard to
answer a question that will determine which closure codes can be selected by the user.
• New Closure Codes — The closure code language has been simplified to improve user
understanding and case closure accuracy.
• Improvements to the reasons for a Social Security Administration (SSA) TNC – The
language describing the reasons for the SSA TNC has been updated so that they are easily
understood.
All new enhancements are documented in the attached Web Services Interface Control Document
(ICD) V21. Please ensure that you have updated your system interface to these new
specifications no later than December 17, 2010. Failure to update by this date could result in loss
of access to E-Verify,
We appreciate your commitment to the E-Verify program by ensuring that your system is up-todate
with the applicable technical changes identified in the latest ICD. If you have any questions
regarding business processes or policies related to E-Verify, please call USCIS at 1-888-464-
4218. If you require technical support or need a copy of the latest ICD, please send your request
to VISWcbServices.test(a),csc.com
www.uscis.
