USCIS Responds to E-Verify Questions
D.Ray Mantle, June 12, 2008
U.S. Citizenship and Immigration Services (USCIS) provided helpful responses to questions posed at the last National Stakeholders Meeting about employment verification issues and E-Verify resources. Many employers are interested in hiring foreign-born workers authorized for employment but feel caught between unintentionally hiring undocumented workers and discriminating against employment authorized foreign-born workers. The USCIS responses provide a number of resources that are available to employers to learn more about E-Verify and employment eligibility. USCIS also emphasizes that E-Verify does not replace the I-9 employment verification process that all employers must complete for each new hire, and that the employer should only use the data that the employee submits for the Form I-9 to query the E-Verify system.
The questions and answers regarding employment verification are reproduced below:
| Question & Answer | Office of Communications Community Relations |
USCIS NATIONAL STAKEHOLDER MEETING
Answers to National Stakeholder Questions
11. Question: We have concerns about employers who are interested in hiring foreign-born workers authorized for employment but feel caught in the middle between unintentionally hiring undocumented workers and discriminating against employment authorized foreign-born workers. Our local immigration and refugee resettlement offices end up spending a lot of time trying to educate employers on employment eligibility issues as E-Verify expands and ICE activities continue. What information is available to our offices that we may provide to our clients and employers?
Response: The USCIS Verification Division can provide presentations for employers and interested CBOs on the E-Verify program as well as brochures, FAQs, and other materials on the program for distribution to clients and employers. Contact the Verification Division at E-Verify@dhs.gov to schedule a presentation or request materials. Employers who are registered for the system may access a variety of information through the system in the Online Resources section. The E-Verify website, www.uscis.gov/e-verify has basic information on the program as well as a resource page for employees that is available in Spanish, Chinese, Creole, French, Korean, Russian, Tagalog, and Vietnamese. Finally, the Verification Division has recently updated the Handbook for Employers (form M-274) which explains the Form I-9 process and has answers to numerous employment eligibility questions. We direct you to the “For Employers” section of the www.uscis.gov website (then click on the “About Form I-9 and E-Verify” link) for the M-274 handbook and answers to related questions.
a. Please clarify what steps recent refugees and other documented immigrants (who are employment authorized) and their employers can take to minimize the likelihood a documented worker will be detained?
Response: A legal worker who possesses proper documentation should not be subject to detention. Legal workers should use care when filling out the Form I-9, which would also help ensure that there is no question about their work authorization status. Refugees can provide their departure portion of the Form I-94 with an unexpired refugee admission stamp, which is a receipt for either a Form I-766 or a combination of a List B document and an unrestricted Social Security card. The employee must present, within 90 days from date of hire, either the actual Form I-766 or a List B document and an unrestricted Social Security card.
b. If the EAD card has not arrived or has been stolen, what other evidence is sufficient proof that an individual is authorized employment?
Response: The following documents would serve as proof that an individual is authorized for employment for Form I-9 purposes:
1) A receipt (Form I-797) for a replacement EAD (good for 90 days only) in the case of a stolen, lost or damaged EAD;
2) An unrestricted Social Security card with a valid list B document; or
3) (a) a Form I-94 with an asylee admission stamp (by stating "asylum", "asylee" or appropriate provision of law), or (b) other documentation issued by DHS (or the former Immigration and Naturalization Service (INS)) that identifies the holder as an asylee or refugee (except for the Form I-94 identifying the holder as a refugee, which is considered a receipt so only good for 90 days).
If the employee initially only presented a receipt, they must present acceptable documentation to “complete” the I-9 Form within 90 days after the date of hire.
c. When it comes to completing the I-9 form and having exactly the right information in the personnel files, employers are often confused. If there is a difference in spelling or number of names included on the documents between the Social Security card, EAD card, I-94 and/or any other official document that contradicts SAVE, what does the individual or business have to do to correct this?
Response: As a small point of clarification, the SAVE program does not verify information on the Form I-9. E-Verify is the program that provides work authorization verification for employers by electronically verifying the Form I-9 information provided by both citizen and non-citizen new hires against SSA (in all cases) and DHS databases (in the case of non-citizens).
The E-Verify system is built to handle different name combinations and some misspellings because it uses advanced data matching techniques to help ensure that such errors do not prevent a newly hired employee from being verified as employment authorized. For non-citizens who present a Permanent Resident Card (commonly referred to as the Green Card) or unexpired Employment Authorization Document for the purpose of Form I-9 employment verification, E-Verify now queries USCIS records by card number (EAD or Permanent Resident Card), and only alien number or I-94 number if the card number is not found or the employee presented a document without USCIS issued card number. This change in our query process has reduced mismatches occurring due to errors in the Alien or I-94 number and increased the amount of noncitizens gaining immediate verification of their work authorization status.
For E-Verify purposes, the employer should only use the data that the employee submits for the Form I-9 to query the E-Verify system. If an individual notices an error in his or her name or other biographical information on his or her USCIS-issued documents, they should call the USCIS National Customer Service Center (NCSC) at 1-800-375-5283. Some issues can be resolved over the phone, for those that cannot, the NCSC representative will issue a referral to the applicable field office or Service Center, which will research the issue and contact the caller with the outcome of the review. In some rare situations individuals might need to make an appointment with the local USCIS office to update their records. Errors in I-94s issued by CBP inspectors must be corrected at the port-of-entry where the I-94 was issued. E-Verify will notify employers when records provided by the employee do not correlate to information within SSA or USCIS systems. In this situation the employer will receive a “tentative non-confirmation” (or mismatch) from the system. The employer must notify the employee of this mistmatch and provide a letter instructing the employee to correct the discrepancy with either SSA or DHS. During this period of time, the employer is not permited to terminate employment.
d. How does USCIS, SSA, ICE and/or the Department of Justice’s Office of Special Counsel disseminate information to employers and which agency is responsible for what specific information?
Response: USCIS provides information to E-Verify employers about the program’s policies and procedures through a Memorandum of Understanding that all employers must sign. Additionally, all E-Verify employers are required to complete an on-line tutorial on how to use the program, and employers are given access to an E-Verify user manual, and online resources that answer immigration-related questions. The E-Verify program also conducts outreach events to employers and employer associations across the country.
E-Verify requires all participating employers to post a Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) “Employee Rights” poster in their hiring area.. This poster provides employees information on their employment related rights and how to contact OSC if they feel that they have suffered discrimination arising out of the employment eligibility verification process. Further, the online resources page, accessible to participating E-Verify employers, includes information from OSC, such as employer posters and hotline information, and information on how to contest an E-Verify data mismatch. Additionally, all employee mismatch letters provide OSC contact information that can be utilized should the employee feel that discrimination has occurred.
ICE does not manage the E-Verify program. However, ICE does provide general information on the I-9 process and E-Verify to employers interested in joining the ICE IMAGE program.
e. How does the USCIS Verification Division coordinate with SSA and with the Office of Special Counsel on E-Verify issues?
Response: USCIS and SSA are committed to working together and continuing to improve the E-Verify program. Towards this end SSA and USCIS hold monthly meetings to provide updates and discuss implementation of system improvements. Improvements include automating aspects of the verification process and instituting an enhancement allowing employees to contact USCIS directly to resolve naturalization-related mismatches, thereby decreasing the workload in SSA field offices.
The USCIS Verification Division is working with the Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) on a memorandum of agreement regarding E-Verify referrals. Currently, USCIS does refer certain cases to OSC when necessary or requested by OSC. Employers and employees are provided with OSC’s contact information in their referral letter and instructed to contact OSC should they feel that discrimination has occurred.
The USCIS Verification Division also works closely with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL) to ensure that the rights of U.S. citizens and work authorized non-citizens are protected in the design and implementation of E-Verify and the Form I-9 verification process. USCIS Verification Division and CRCL are also developing outreach materials such as multimedia aids to assist employers and employees understand their E-Verify related rights and responsibilities.
f. Who is the POC and/or what is the contact number for these agencies to whom we can refer clients and employers for specific answers (not just an automated phone tree or scripts)?
Response: For questions regarding the E-Verify program, clients, employers and employees may call the E-Verify Hotline at 1-888-464-4218 or visit www.uscis.gov/e-verify.
For the questions directed to the Office of Special Counsel for Immigration Related Unfair Employment Practices, callers can speak to an attorney or legal assistance via the following numbers:
- Main Number: (202) 616-5594
- Worker Hotline: 1-800-255-7688, (202) 616-5525 or 1-800-237-2515 (TDD for hearing impaired)
- Employer Hotline: 1-800-255-8155, 1-800-237-2515 (TDD for hearing impaired)
The Social Security Administration can be contacted by visiting an employer or employee’s local field office or calling SSA at 1-800-772-1213 or 1-800-325-0778 (TDD) for the hearing impaired.
To comment on the Form I-9 and/or the employment eligibility verification process, write to U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, NW, 3rd Floor, Suite 3008, Washington, DC 20529.