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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
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What is E-verify?
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.
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Who Uses E-Verify?
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;
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What about Missouri employers?
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
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Missouri employers
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
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Penalties for non compliance with Missouri Immigration Law
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.
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Which employers should enroll?
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
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Verification
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.
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Follow up steps
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
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Employees rights and responsibilities
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
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Employees rights and responsibilities
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
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Employees rights and responsibilities
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
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Federal contractors
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
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Sub contractors
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