Lesson 1 Privacy, Rights and Responsibilities

Lesson 2 E-Verify Overview and Use Cases SterlingOne

August 2016

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EVP of Product or the General Counsel of Sterling Talent Solutions is strictly prohibited.

Sterling Talent Solutions is a service mark of Sterling Infosystems. 1

Lesson 2

This lesson will cover:

Common Acronyms

E-Verify Overview

Federal Contractor Requirements

Form I-9 and E-Verify

Unexpired Documents Required

Hire Date

Overdue Reason

Duplicate Case Alerts

Check Information

Photo Matching

Request Name Review

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Common Acronyms

SSA: Social Security Administration

DHS: U.S. Department of Homeland Security.

TNC: Tentative Nonconfirmation. An E-Verify result that indicates

the information submitted does not initially match records

available to SSA and/or DHS.

FAN: Further Action Notice. Notice issued by E-Verify in the event

of a TNC. The FAN must be reviewed by the employer for

accuracy, and presented to the employee in private when the

employer informs the employee of their TNC result.

RDC: Referral Date Confirmation. A document provided to an

employee who has chosen to contest a TNC upon referral. This

document provides the date by which the employee must visit SSA

or contact DHS.

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E-Verify Overview

The Web services employment eligibility verification process begins

with a completed Form I-9.

E-Verify makes employment eligibility determinations by comparing

the employee’s Form I-9 information entered in E-Verify by the

employer with the information in records available to SSA and/or

DHS.

When E-Verify checks the employee’s information with records

available to SSA and/or DHS, a case result is provided. Case results

can be initial, interim, or final.

Proper use of E-Verify requires user to close all cases when they

receive final case results.

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Form I-9 requirements for all employees are outlined in the

Handbook for Employers; Guidance for Completing Form I-9 (M-274).

Federal contractors should also review the E-Verify Supplemental

Guide for Federal Contractors for more detailed information.

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Employers and employer agents create cases for all employees ONLY

after:

A job has been offered;

The applicant has accepted the position; and

The Form I-9 has been completed.

Federal contractors must follow specific rules related to Form I-9

and existing employees. These rules include how to:

Verify existing employees;

Comply with certain expired documents; and

Use Photo Matching.

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All employers are required to ensure timely and proper completion

of Form I-9 when the employee starts work for pay and to keep

records of the forms on file. This requirement also applies to

federal contractors enrolled in E-Verify.

Many E-Verify employers voluntarily choose to take the additional

step of verifying that their employee’s Form I-9 information

matches government records, thereby ensuring a legal workforce.

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The SterlingOne Electronic Form I-9 with E-Verify automatically

creates a new case in E-Verify upon completion of the Form I-9:

Employee information is submitted based on the electronically

completed Section 1, and

Identification document information is submitted based on the

electronically completed Section 2.

The SterlingOne Paper Form I-9 with E-Verify creates a new case in

E-Verify based on previously completed Form I-9:*

The I-9 information must be entered by a Sterling user, and

The I-9 for which the new case is being created must be attached as a

scanned document.

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*If a Form I-9 was previously completed or stored for the employee in SterlingOne, the data fields will be prepopulated

with the most recent Form I-9 data available.

Unexpired Documents Required

Any document presented by an employee for Form I-9 must be

unexpired* on its face:

If the document entered into E-Verify was expired when the employee

was hired, E-Verify would reject the document information and not

create a case.

The SterlingOne Form I-9 will not accept the entry of a document that

was expired at the date of hire. The employee will need to present

acceptable unexpired document(s) to successfully complete the

SterlingOne Form I-9 and create a case in E-Verify.

Just because the employee presented an expired document does not

mean that the employee is not authorized to work.

E-Verify will confirm the employment eligibility of this employee once

you obtain an unexpired document and create the case.

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In limited situation for Form I-9, you may accept a document that appears expired on its face. When a Temporary

Protected Status (TPS) designation for a particular country is extended, DHS sometimes automatically extends the

expiration date of Employment Authorization Documents (EAD, Form I-766) issued to the affected TPS beneficiaries via

notice published in the Federal Register. For information on this exception, visit www.USCIS.gov/tps.

Hire Date

The hire date is the first day of employment in exchange for wages

or remuneration.

If the employer rehires an employee for whom:

an E-Verify case was never created, and

the employee’s previous Form I-9 lists an expired identity document (List

B)

A new Form I-9 must be completed and an E-Verify case created for

the employee using the re-hire date as the date of hire.

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Hire Date

If the employer rehires an employee for whom:

an E-Verify case was previously created, and

the employee’s previous Form I-9 lists an expired identity document (List

B)

the employer or employer agent may either:

1. Complete Section 3 of the employee’s previous Form I-9 and do NOT create

a new case for the employee; OR

2. Complete a new Form I-9 for the employee and create a new case for the

employee.

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NOTE: Employees hired on or before November 6, 1986 are not subject to Form I-9. Therefore, employers may not

create E-Verify cases for these employees based on this employment.

Overdue Reason

If a case is not created by the third business day after the employee

begins work for pay, reason for the delay must be provided. If a

reason is not submitted, the case will enter Pending Overdue Reason

status in SterlingOne.

A Sterling user must select one of the following:

Awaiting Social Security number

Technical Problems

Audit Revealed that New Hire Was Not Run

Other*

Federal contractor with FAR E-Verify Clause verifying an existing employee**

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*If “Other” is selected, the user must provide a specific reason in the text entry field.

** Only applicable to users enrolled in E-Verify as federal contractors with the FAR E-Verify Clause

Overdue Reason

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Click Manage Case to enter an overdue reason.

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Overdue Reason

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Select the reason for the delay

Click Submit to submit to E-Verify

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If a case is submitted using the same Social Security number as

another case submitted within the last 30 days, E-Verify will issue a

duplicate case alert and the case will enter Pending Duplicate Case

status in SterlingOne.

A Sterling user will need to indicate whether to continue to submit the

case, or close the case:

It may be valid to submit a duplicate case if:

‐ The employee is a rehire and you are required to submit a new case.

‐ The previous case was invalid due to incorrect data.

It may be appropriate to close a duplicate case if:

‐ You created a case with the same data in the last 30 days.

‐ The current case is invalid due to incorrect data.

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Click Manage Case to process a duplicate case

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Review the previous case Details.

Confirm that the employee information was entered correctly. Update any fields

that do not match the employee’s completed Form I-9

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Review the I-9 information. If incorrect, the case must be closed.

Click Continue Case to submit to E-Verify or Close Case if the case is invalid or

was created in error. You will be prompted to provide a reason.

Click Continue to proceed.

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Check Information

If the information entered does not immediately match SSA and/or

DHS records, the case will enter Pending Info Check status in

SterlingOne.

An E-Verify admin user must:

1. Review the information to determine if it was entered correctly, and

either

2. Confirm that the information presented is now correct and may be

submitted to E-Verify.

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confirm that the information matches Form I-9, or

correct information in certain fields.

If a mistake was made in a field that cannot be updated, the case will need to be closed and a new case created for

that employee. Contact Sterling Client Services to close cases in Pending Info Check status that cannot be

corrected.

Check Information

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This check information alert is due to an initial mismatch with SSA records.

Click Manage Case to complete the information check.

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Check Information

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Review the information and update any fields that do not match the

employee’s Form I-9.

Click Submit to submit to E-Verify.

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Check Information

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The check information alert is due to an initial mismatch with DHS records.

Click Manage case to complete the information check.

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Check Information

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Review the information an update any fields* that do not match the

employee’s Form I-9.

Click Submit to submit to E-Verify.

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*The fields displayed may differ depending on the information entered on the employee’s Form I-9.

Photo Matching

A case in Pending Photo Verification status in SterlingOne prompts E-

Verify admin users to complete a photo match by comparing an

employee’s photo ID with a photo displayed in E-Verify. Photo

matching only occurs when the employee presents:*

A valid U.S. Passport or U.S. Passport Card

A Permanent Resident Card (Form I-551)

Employment Authorization Documents (Form I-766)

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*Do not ask employees to present any specific document from the list above to enable use of the photo matching.

Employees have the right to present any acceptable document. Employers may not require an employee to present

a specific document.

Photo Matching

Do not compare the photo displayed by E-Verify Web services to the

employee directly.

Direct comparison between the document and the individual should have

occurred during Form I-9 completion.

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Photo Matching

If the employee presents one of these documents, the employer

must retain a copy the document with the employee’s Form I-9.

When your company was enrolled in E-Verify, your Sterling account was

configured to:

require the attachment of these documents when completing Section 2 of

Form I-9,* or

require the attachment of all identification documents when completing

Section 2 of Form I-9, in alignment with your company’s document retention

policies.

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*If you requested to opt out of required document attachments, you are still required to retain copies of E-Verify

photo matching documents outside of Sterling.

Photo Matching

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Click Manage Case to complete the photo match. 1

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Photo Matching

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Does the photo match the photo on the employee’s ID document?

If a copy of the ID document was attached to Section 2 of the electronic

Form I-9, click to View the employee ID document.

Click Submit to submit to E-Verify. 4

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Request Name Review

A case in Pending Name Review in SterlingOne received a case result

of ‘Employment Authorized,’ but the name returned does not

exactly match the name on Form I-9. This happens when the

information matches but there are name variations in DHS

records.

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Request Name Review

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Click Manage Case to review the name returned by DHS and process the

case.

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Request Name Review

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Employee Name displays the name as submitted on the employee’s Form I-9.

E-Verify will display the name for which they have returned an Employment

Authorized Result.

If the name does not match, enter your contact information and comments to DHS.

Click Close Case if the names match or Request Name Review to request DHS

investigate the discrepancy.

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