E-Verify Procedures

E-Verify Background and Implementation

Effective January 1, 2010, UCSF fully transitioned to E-Verify, an internet-based employment eligibility verification system operated by the US Department of Homeland Security in partnership with the Social Security Administration. As both a Federal Contractor and an Institution of Higher Education, UCSF is required to perform E-Verification within three business days only for employees who perform substantial work on Federal contracts and subcontracts that mandate the use of E-Verify. We are not responsible for subjecting all employees to E-Verification.

The Office of Research Administration actively reviews all Federal contracts and subcontracts for inclusion of the Federal Acquisition Regulation (FAR) E-Verify Clause. If E-Verify is required as a term and condition of the award, during award set-up the applicable flag will be set as an award attribute in RAS, which will become part of the Project attribute in PeopleSoft.

As soon as a new hire or funding distribution change occurs in the Online Payroll/Personnel System (OLPPS) that affects a Project that is flagged as requiring E-Verify, the payroll EDB preparer will get an immediate warning message that E-Verify is Required.

The EDB preparer should continue with the new hire or fund change process.  Payroll Services contact Human Resource, the department, or the employee if any additional documentation is needed to complete the online verification process.

Responsibilities of the Federal Contractor

Newly Hired Employees

For all newly hired employees, UCSF Payroll Services will initiate the E-Verification ONLY after:

  1. The job has been offered, and
  2. The applicant has accepted the position, and
  3. Form I-9 has been completed, and
  4. The new hire action in OLPPS, and
  5. Payroll has received all documentation. Note: While it is not necessary for nonresident alien employees to provide an SSN when completing the Form I-9, E-Verification cannot be initiated until the employee has been issued (and received notification) of their assigned SSN from the Social Security Administration.

Existing Employees

For existing employees who have been assigned to an E-Verify Required Federal contract or subcontract, UCSF Payroll Services will initiate the E-Verification ONLY after:

  1. The department or HR has updated the employee’s record in OLPPS, and
  2. The employee’s Form I-9 (and supporting documentation, when required) has been located and reviewed for proper completion.

Note: In cases where the employee’s original or recertified I-9 documentation is unable to be located, or if it contains certain outdated or missing information, existing employees may be required to complete a new Form I-9 before an E-Verification can be initiated.

Guidelines for Equitable Treatment

  1. Ensure that notice is given to employees regarding your use of E-Verify, the Photo Screening Tool, and employee rights under the program.
  2. Use E-Verify for a newly hired employee only after you have completed the Form I-9.
  3. Use E-Verify for an existing employee only when he or she is assigned to a specified Federal contract
  4. You may not use E-Verify to screen job applicants or to re-verify employment eligibility.
  5. E-Verify may never be used selectively. Only new and existing employees employees assigned to a Federal contract will be E-Verified, regardless of national origin, citizenship, or immigration status.
  6. Never take any adverse action against an employee, including suspension or termination, while he or she contests a Tentative Nonconfirmation, even if the matter is not resolved within ten federal government work days.
  7. Ensure employees who contest a Tentative Nonconfirmation are provided with the printed referral letter from E-Verify.
  8. Permit employees to present any document or combination of documents acceptable by law.
  9. Take steps to secure the privacy of employees' personal information and discuss any work eligibility issues only with people directly concerned with the information and limit these conversations to the relevant case details.

Notify Employees of Participation

You are required to notify all job applicants, new employees, and existing employees assigned to a Federal contract, that you participate in E-Verify. You are required to print and clearly display both the English and the Spanish of the following:

  • Notice of E-Verify Participation - issued by DHS, and
  • Right to Work Poster - issued by the Department of Justice, Office of Special Counsel For additional information pertaining to notifying existing employees, please consult the Frequently Asked Questions for Federal Contractors found by visiting: www.dhs.gov/e-verify.

Initial Verification Results

The initial eligibility statement will be one of the following responses:

  1. Employment Authorized: This response indicates that employment eligibility is verified and the case can be resolved.
  2. SSA Tentative Nonconfirmation: This response indicates that the information furnished could not be verified. Provide the employee with the Notice of Tentative Nonconfirmation, and discuss it with him or her to ensure understanding. Clearly explain to the employee that the Tentative Nonconfirmation must be contested to avoid the risk of termination. Once you notify the employee of the Tentative Nonconfirmation and Initiate SSA Referral, provide a copy of the letter for the employee.After you and the employee sign and date it, give the referral letter to the employee and instruct him or her to visit the nearest SSA office within eight federal government workdays to address any discrepancies. You may not ask the employee for additional evidence or confirmation that SSA resolved his or her case.
  3. DHS Verification in Process: This response indicates that a DHS Immigration Status Verifier (ISV) is checking additional DHS data sources to confirm the employment eligibility of a non-citizen. DHS responds to most of these cases within 24 hours, but has up to three federal government workdays to respond.

Cases Requiring Action

Once the employee has visited SSA, the status of their case will change to one of the following:

  1. Employment Authorized: Employment eligibility is verified. Resolve the case.
  2. SSA Final Nonconfirmation: SSA could not verify the information. Resolve the case.
  3. SSA Case in Continuance (this is rare): SSA needs more time to work the case.
  4. Review and Update Employee Data then Resubmit: Correct any typos and resubmit the case.
  5. DHS Verification in Process: Indicates that the case has been referred to DHS for employment eligibility verification. DHS responds to most of these cases within 24 hours, although they have up to three federal government workdays.
  6. Verification Incomplete: Verifies the photograph on the employee’s document.

Resolution Options

There are five options for resolving a case:

  1. Resolved Authorized: Select this option when employment is authorized.
  2. Resolved Unauthorized/Terminated: Select this option when employment is not authorized (SSA Final Nonconfirmation, DHS Final Nonconfirmation or DHS No Show) or when a Tentative Nonconfirmation response is uncontested AND employment is terminated.
  3. Self Terminated: Select this option if an employee quits or is terminated for reasons unrelated to employment eligibility status while the verification query is in process.
  4. Invalid Query: Select this option if a duplicate query was discovered after the query was sent or if a query was sent with incorrect data.
  5. Employee Not Terminated: Select this option to notify DHS that you are not terminating an employee who received an SSA Final Nonconfirmation, DHS Final Nonconfirmation, or DHS No Show response or who is not contesting a Tentative Nonconfirmation response.

Where to learn more

This information serves to provide an overview of the E-Verify process. It is not meant as a training tool and does not provide the official training required to become an E-Verify General User. These are guide lines created to assist you in insuring you are taking the appropriate steps and how to get general information on the E-Verify process. For general inquiries and FAQs, you may also visit the Department of Homeland Security and U.S. Citizenship and Immigration Services websites.

Resources

References

Forms

Policies