New (I-9 Form) Work Verification Check Available
January 1, 2005
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2005
The Department of Homeland Security’s pilot program, which allows employers to get automated confirmation of a newly hired employee’s work authorization after an Employment Eligibility Verification I-9 Form has been completed, was expanded in December 2004 to all employers, nationwide. With a couple of exceptions, an employer’s participation in the web-based program is voluntary and free to participating employers.
What is it? The program involves verification checks of the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases, using an automated system to verify the employment authorization of all newly hired employees.
What’s the Process? Employers who sign up to participate in the program complete the I-9 Form as usual, but then enter and submit the I-9 Form information through a web-based computer program to the SSA database (which is accessible from any personal computer that has Internet access). If SSA does not have sufficient information to confirm work authorization status, queries are instantaneously sent to U.S. Citizenship and Immigration Services (USCIS) for confirmation. In most cases, confirmation or nonconfirmation of work authorization is provided within seconds.
What about Follow-Up? If more information is required to complete the confirmation process, the employer is asked to have the employee contact SSA or USCIS to provide the needed information.
Do Employers Have to Use it? Other than certain federal government entities, an employer’s participation in the program is voluntary. An employer, however, who has been found to have knowingly employed unauthorized aliens or engaged in unfair immigration-related employment practices may be required to participate pursuant to an order issued under the Immigration and Nationality Act. Employers who do not use the program continue to use the I-9 Form process alone.
Memo of Understanding – In order to participate, employers must enter into a Memorandum of Understanding with USCIS and SSA. For example, the memo requires employers to: (1) display notices supplied by DHS in a prominent place that is “clearly visible to prospective employees;” (2) initiate the verification process within three workdays after each employee is hired; (3) agree not use the system for pre-employment screening of job applicants; (4) agree to use the procedures for all new hires and not to verify work authorization selectively; (5) inform workers if they are not found in the SSA or DHS databases and allow them 10 workdays to correct any inaccuracies in their records; and (6) notify DHS if they continue to employ any employee after receiving a “final nonconfirmation” saying an employee is not authorized to work and pay a fine of $500 to $1,000 for each instance.
How to Register– to register for the program, employers can log on to the DHS website.
Bottom Line - Employers should carefully review the program, including the 103-page user guide and the 10-page sample memorandum of understanding before deciding whether to register for the program. Some employers will find the program useful in their new-employee hiring process, while others may not.
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 335 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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