E Verify Rules For Employers

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E-verify Nalini S. Mahadevan, JD, MBA [email protected]

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Transcript of E Verify Rules For Employers

Page 1: E Verify Rules For Employers

E-verifyNalini S. Mahadevan, JD, MBA

[email protected]

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U.S. federal law requires companies to employ only individuals who may legally work in the United States

Employees can be either U.S. citizens, or foreign citizens who have the necessary work authorization.

Designed to prevent unauthorized employment. E-Verify is an Internet-based system that allows

businesses to determine the eligibility of their employees to work in the United States.

E-verify is free Provides electronic confirmation of information on

your employees' Forms I-9, Employment Eligibility Verification

What is E-verify?

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195,000 employers Participation in E-Verify is voluntary for most

businesses But for some employers it is mandatory: For example, most employers in Arizona and

Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with

federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

Self employed individuals are exempt from verification, but sole proprietors are not.

Who Uses E-Verify?

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The 94th General Assembly enacted laws to prevent employment of illegal aliens by Missouri employers.

Effective date January 1, 2009 An employer is any individual, organization,

partnership, political subdivision, corporation, or other legal entity which has or had in the entity's employ five or more individuals performing public works as defined in section 290.210, RSMo;

What about Missouri employers?

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Any employer who has a state contract for more than $5,000.00 has to enroll in E-verify and use the program to verify work status of their employees

Once the employer is enrolled in E-verify, all new employment must be must be verified, using E-verify

Employer must retain a copy of the verification received in its records◦ Provides safe harbor for Missouri employers

Missouri employers

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Penalties apply to employers who employ workers unauthorized to work in the US

Penalties for violations include:◦ Suspension of business license for a stated

period or permanently◦ Termination of state contracts◦ Debarment from doing business with the state

for 3 to 5 years◦ With-holding of 25% of state monies to employer◦ Termination or suspension of state-administered

tax credit, tax abatement, or loans from the state

Penalties for non compliance with Missouri Immigration Law

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Any business, nonprofit organization or government agency, whether it's a small family-owned pizza shop or a multinational corporation or sole proprietor.

Before you can start using E-Verify, you need to enroll your company or organization in the program.

Enter basic information about the company and agree to follow the rules of the program.

You'll enroll your company just once and after you do, you can register yourself and others to use the system.

You can contact E-Verify Customer Support for assistance or questions in determining your company's enrollment status. 

Which employers should enroll?

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Employer uses employee details on I-9 form to complete verification online

Usually, verification is instantaneous If the system cannot match the

information, then the employer is asked to check the information for mistakes

Other results could be: ◦ DHS verification in process – verification in 24

hours or◦ Tentative nonconfirmation – no verification

Verification

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When final verification result is received, the verification number is recorded on the employee’s I-9 form

When nonconfirmation is received from E-verify, employees not authorized to work, usually stop reporting to work.

Follow up steps

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Employer must post a notice of E-verification usage in a prominent place

Must use it for new hires only and not current employees

Use it for all US citizens and non citizens alike

Use e-verify only after employee has been hired and accepted employment

Cannot use E-verify as a screening tool

Employees rights and responsibilities

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Provide employee information of tentative non confirmation and a hard copy

Cannot take adverse actions include firing, suspending, withholding pay or training, or otherwise infringing upon terms of employment, for contesting tentative non conformation

Employee has 8 days to contact the federal agency to resolve the issue

Update name change, and status, with Social Security Administration 

Employees rights and responsibilities

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Employees may be entitled to receive pay for work lost due to employer violations, and reinstatement in the job. 

The employer may also be subject to civil penalties for violations of E-Verify rules,

Such as discrimination based upon employee citizenship, immigration status, or national origin, or other misuse of E-Verify

Employees rights and responsibilities

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Enroll within 30 days if the contract contains a Federal Acquisition Regulation E-verify clause

Verify new employees with in 90 days of enrollment

Verify existing employees assigned to the federal contract within 90 days or within 30 days of assignment to the contract

All employees can be verified within 180 days, if the employer chooses

Federal contractors

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Sub contractors are required to verify their employees if:

The prime contract includes the Federal Acquisition Regulation (FAR) E-Verify clause 

The subcontract is for commercial or noncommercial services or construction

The subcontract has a value of more than $3,000

The subcontract includes work performed in the United States

Exempt: Suppliers and work performed outside the US

Sub contractors

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For more information, please contactNalini S Mahadevan

[email protected]

Thank you