HomeMy WebLinkAbout05/25/2010 00 Agenda and PacketYakima
City Council
Agenda
129 N. 2nd Street, Yakima, WA. 98901
Phone: (509) 575 -6000 • Fax (509) 576 -6614
Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us
Micah Cawley, Mayor
Kathy Coffey, Assistant Mayor
Maureen Adkison
Dave Edler
Rick Ensey
Dave Ettl
Bill Lover
City Manager
Richard A. Zais, Jr.
Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk
YAKIMA CITY COUNCIL
ADJOURNED MEETING — STUDY SESSION
MAY 11, 2010 — 8:00 -9:30 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
1. Roll Call
2. E- verify discussion
3. Audience Comments (9:15 — 9:30 a.m.)
4. Adjournment
Yakima
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City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community.
1994
Adopted March 2008
CITY OF YAKIMA
129 North Second Street
Yakima, Washington 98901
Phone (509) 575 -6000 • Fax (509) 575 -6107
MEMORANDUM
DATE: May 20, 2010
TO: Mayor and City Council Members
FROM: Sheryl Smith, Human Resources Manager
Colleen Williams, Deputy Human Resources Manager
Sue Ownby, Purchasing Manager
SUBJ: E- Verify System
At the April 20, 2010 City Council meeting, Council directed that a study session be
scheduled to further explore the E- Verify system as it related to City of Yakima
operations. During discussions relating to the application of this system to employment
practices, questions arose regarding E- Verify and its application. to vendors and
contractors doing business with the City of Yakima. Attached please find information
regarding E- Verify and its application to vendors and contractors doing business with the
City of Yakima as well as information previously provided relating to E- Verify and I -9
processing.
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OFFICE OF THE CITY MANAGER
129 North Second Street
City Hall, Yakima, Washington 98901
Phone (509) 575 -6040
To: Yakima City Council — For E -Verify Study Session 5/25/10
From: Dave Zabell, Assistant City Manager
Sue Ownby, Purchasing Manager
Date: May 20, 2010
Re: E- Verify for Contractors
Attached is a bulleted list of points that will be addressed in more detail
at the above study session, as well as the E- Verify Supplemental Guide
for Federal Contractors.
As the Guide states, on June 11, 2008, President Bush directed all
Federal departments and agencies to require contractors to use an
electronic employment eligibility verification system to verify the
employment authorization of employees performing work under a
Federal contract. The Department of Homeland Security designated E-
Verify as that verification system. The requirements to include language
on E- Verify in Federal contracts took effect on September 8, 2009.
While being a Contractor and registering with E- Verify is fairly straight-
forward, if Council desires to make E- Verify a requirement for our
Contractors, several decisions will need to be made on how this is to be
accomplished, and to what depth.
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E- VERIFY FOR CONTRACTORS
Define what types of contracts would require t-Verify
o Construction
■ General Contractors
■ Sub - Contractors
o Services
o Goods and Materials
Define what$ amount would require E- Verify
o ALL - $o and up
o $7,5oo and up (No competition required under this amount)
o $25,000 and up (Cities Bid Limit)
o $ioo,000 and up (Federal)
o $1,000,000 and up (Clark County)
Define method of compliance
• Paragraph in Bid documents requiring Contractor to comply
■ "By submitting this bid, I agree to... "
• Affidavit of compliance
■ Returned with Bid as required submittal
• Evidence of compliance
• ALL employees, or just employees involved in contract
• Existing employees, new employees, or both
Define method for non - compliance and consequences
o Complaint driven
o Right to cure
o Immediate cancellation
o Debarment from future contracts
o How to track compliance
Impacts
To Contractors
o Small Businesses
To Staff
o Purchasing
o Engineering
Current. Federal Requirements
The Fed requires the Contractor enroll within 3o days of the contract award
date
Only ontracts that hav,..~w . __...,.. _..r . _._ce
y e a period of performance that is for 12o days or moreaT�'
qualifies
$1oo,000 or more value
Off the shelf items exempt (goods)
Recommendation
Do nothing. Adds another policy to track and enforce with staff that is already
stretched too thin.
o If instituted, include, through language inserted into their contract,
Contractor agrees to register and use E- Verify to confirm the
employment eligibility of all persons they hire during the contract
term, as well as their current employees.
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Page 2 of 22 1 M -574A Supplemental Guide for Federal Contractors 1. Se, ptember 8, 2009 www.dhs.gov /E- Verify
TABLE OF CONTENTS
1:0
REGULATIONS - AFFECTING- FEDERAL — CONTRACTORS ................ ..............................4
-
1.1
BACKGROUND .................................................................... ..
.................. ............................4
1.1.1
EXECUTIVE ORDER 12989 .................................................................. ..............................4
1.1.2
THE FEDERAL CONTRACTOR RULE .................................................. ..............................4
1.1.3
ABOUT E- VERIFY .................................................................................. ..............................4
1.2
HOW TO DETERMINE WHETHER YOU ARE AFFECTED BY THE RULE .......................5
2.0
INSTRUCTIONS FOR VERIFYING NEW AND EXISTING EMPLOYEES ON FORMS 1 -9 5
2.1
VERIFYING NEW EMPLOYEES ........................................................... ..............................5
2.2
VERIFYING EXISTING EMPLOYEES ................................................... ..............................6
2.2.1
INSTRUCTIONS FOR OPTION II: COMPLETE NEW FORM 1 -9 WHEN NECESSARY
AND
UPDATE EXISTING FORMS 1 -9 WHEN ALLOWABLE .......................... ..............................8
3.0
E- VERIFY ENROLLMENT AND PARTICIPATION AS A FEDERAL CONTRACTOR ......
9
3.1
OVERVIEW OF E- VERIFY ENROLLMENT AND USE .......................... ..............................9
3.2
DEADLINES FOR ENROLLMENT AND VERIFYING EMPLOYEES ... .............................10
3.3
EMPLOYEES WHO ARE EXEMPT FROM E- VERIFY .......................................................
11
3.4
GOING FORWARD ............................................................................... .............................12
4.0
ENROLLMENT INSTRUCTIONS FOR Certain ORGANIZATIONS THAT QUALIFY FOR
EXCEPTIONS................................................................................................. .............................14
4.1
YOUR OPTIONS ................................................................................... .............................14
4.2
VERIFYING YOUR ENTIRE WORKFORCE ......................................... .............................14
4.3
INITIAL ENROLLMENT IN E- VERIFY .................................................. .............................15
4.4
INSTRUCTIONS FOR UPDATING YOUR COMPANY PROFILE FOR EXISTING E-
VERIFY PARTICIPANTS ...................................................................... .............................15
5.0
QUALIFYING CONTRACTS, EXEMPTIONS AND EXCEPTIONS FOR E- VERIFY ........16
5.2
HOW TO DETERMINE WHETHER YOUR FEDERAL CONTRACT QUALIFIES .............16
5.3
IDIQ CONTRACTS ................................................................................ .............................17
5.4
CONTRACTS EXEMPT FROM THE FEDERAL CONTRACTOR RULE ...........................
17
5.5
SPECIAL REQUIREMENTS FOR CERTAIN ORGANIZATIONS ......... .............................17
6.0
SUBCONTRACTORS, INDEPENDENT CONTRACTORS AND AFFILIATES ................18
6.1
SUBCONTRACTORS ........................................................................... .............................18
6.2
PRIME CONTRACTOR AND SUBCONTRACTOR OBLIGATIONS ..... .............................18
6.4
SUBSIDIARIES AND AFFILIATES ....................................................... .............................19
7.0
ENROLLMENT INSTRUCTIONS FOR CONTRACTORS NOT YET ENROLLED IN E-*
VERIFY............................................................................................................
.............................19
7.1
OPTIONS FOR VERIFYING EXISTING EMPLOYEES ........................ .............................19
7.2
FEDERAL CONTRACTOR ENROLLMENT STEPS ............................. .............................20
Page 2 of 22 1 M -574A Supplemental Guide for Federal Contractors 1. Se, ptember 8, 2009 www.dhs.gov /E- Verify
\IMM,.
8.0 INSTRUCTIONS FOR FEDERAL CONTRACTORS ALREADY ENROLLED IN E- VERIFY
................................................................................... ...............................
...2
0
8.1 UPDATING YOUR VERIFICATION PROCESS .................................... .............. ................20
8.2 UPDATING YOUR COMPANY PROFILE ............................................. .............................21
8.3 FEDERAL CONTRACTOR TUTORIALS .............................................. .............................21
9.0 INFORMATION FOR DESIGNATED AGENTS .................................... .............................22
9.1 RECOMMENDED ACTIONS FOR DESIGNATED AGENTS ............... .............................22
9.2 USING WEB SERVICES ....................................................................... .............................22
Page 3 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 . www.dhs.gov /E- Verify
1.0 REGULATIONS AFFECTING FEDERAL
CONTRACTORS -
1.1 BACKGROUND
A presidential executive order and subsequent Federal Acquisition Regulation (FAR)
rule require federal contractors to use E- Verify to electronically verify the employment
eligibility of employees working under Federal contracts. The order and rule reinforces
.Federal government policy that the Federal government does business with
organizations that have a legal workforce.
1.1.1 EXECUTIVE ORDER 12989
On June 11, 2008, President George W. Bush amended Executive Order 12989 to
direct all Federal departments and agencies to require contractors to use an electronic
employment eligibility verification system to verify the employment eligibility of
employees performing work under a federal contract. The Department of Homeland
Security (DHS) designated E- Verify as the electronic employment eligibility
verification system that all federal contractors must use as required by the amended
Executive Order 12989.
1.1.2 THE FEDERAL CONTRACTOR RULE
On November 14, 2008, the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council published a FAR final rule (FAR case 2007 -013,
Employment Eligibility Verification) that implements the amended Executive Order
12989. The FAR is a set of rules and regulations used to manage the way the Federal
government acquires supplies and services with appropriated funds.
The FAR final rule, known as the Federal contractor rule, directs Federal agencies to
require many Federal contractors to use E- Verify to electronically verify the
employment eligibility of certain of their employees. It requires Federal contractors to
agree, through language inserted into their Federal contracts, to use E- Verify to
confirm the employment eligibility of all persons they hire during a contract term, as
well as their current employees who perform work under a Federal contract within the
United States. The rule's requirements to include language on E- Verify in Federal
contracts take effect on September 8, 2009.
1.1.3 ABOUT E- VERIFY
E- Verify is a free, Internet -based system operated by DHS in partnership with the
Social Security Administration. E- Verify allows participating employers to
electronically verify their employees' employment authorization. Results are
returned online within seconds.
E- Verify is the best method for employers to verify the employment authorization of
their employees. E- Verify:
• Virtually eliminates Social Security mismatch letters
Improves the accuracy of wage and tax reporting;
• Protects jobs for authorized workers; and
• Helps U.S. employers maintain a legal workforce.
Page 4 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
V"
1.0 REGULATIONS AFFECTING FEDERAL
CONTRACTORS -
1.1 BACKGROUND
A presidential executive order and subsequent Federal Acquisition Regulation (FAR)
rule require federal contractors to use E- Verify to electronically verify the employment
eligibility of employees working under Federal contracts. The order and rule reinforces
.Federal government policy that the Federal government does business with
organizations that have a legal workforce.
1.1.1 EXECUTIVE ORDER 12989
On June 11, 2008, President George W. Bush amended Executive Order 12989 to
direct all Federal departments and agencies to require contractors to use an electronic
employment eligibility verification system to verify the employment eligibility of
employees performing work under a federal contract. The Department of Homeland
Security (DHS) designated E- Verify as the electronic employment eligibility
verification system that all federal contractors must use as required by the amended
Executive Order 12989.
1.1.2 THE FEDERAL CONTRACTOR RULE
On November 14, 2008, the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council published a FAR final rule (FAR case 2007 -013,
Employment Eligibility Verification) that implements the amended Executive Order
12989. The FAR is a set of rules and regulations used to manage the way the Federal
government acquires supplies and services with appropriated funds.
The FAR final rule, known as the Federal contractor rule, directs Federal agencies to
require many Federal contractors to use E- Verify to electronically verify the
employment eligibility of certain of their employees. It requires Federal contractors to
agree, through language inserted into their Federal contracts, to use E- Verify to
confirm the employment eligibility of all persons they hire during a contract term, as
well as their current employees who perform work under a Federal contract within the
United States. The rule's requirements to include language on E- Verify in Federal
contracts take effect on September 8, 2009.
1.1.3 ABOUT E- VERIFY
E- Verify is a free, Internet -based system operated by DHS in partnership with the
Social Security Administration. E- Verify allows participating employers to
electronically verify their employees' employment authorization. Results are
returned online within seconds.
E- Verify is the best method for employers to verify the employment authorization of
their employees. E- Verify:
• Virtually eliminates Social Security mismatch letters
Improves the accuracy of wage and tax reporting;
• Protects jobs for authorized workers; and
• Helps U.S. employers maintain a legal workforce.
Page 4 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
„ p z
More than 96 percent of E- Verify verification queries receive immediate
employ_ men.t_authorization._Employ_ees who_dc not receive instant authorization and
choose to correct their government records to confirm their employment
authorization must be allowed to continue to work during this process.
As of August 2009, more than 142,718 employers participate in E- Verify. In fiscal
year 2008, U.S. employers completed more than 6.6 million E- Verify queries; this
number represents 1 out of every 8 nonagricultural hires made in the United
States.
1.2 HOW TO DETERMINE WHETHER YOU ARE AFFECTED BY
THE RULE
The rule will only affect Federal contractors who are awarded a new contract on or
after the effective date of the rule, September 8, 2009, that includes the Federal
Acquisition Regulation (FAR) E- Verify clause (73 FR 67704).
Your government contracting official, not the E- Verify program, determines whether
your contract will include the FAR E- Verify clause. You should review your contract for
the FAR E- Verify clause, and check with your government contracting official if you
have questions.
Using E- Verify as a Federal contractor requires you to verify the employment
authorization of:
• Existing employees currently assigned to a Federal contract, and
• All new hires.
Federal contractors also have the option of verifying their entire workforce, which
includes all other existing company employees regardless of whether they are
assigned to a Federal contract. If your company is not a Federal contractor, or if your
Federal contract does not include the FAR E- Verify clause, you may only use E- Verify
to verify new employees.
2.0 INSTRUCTIONS FOR VERIFYING NEW AND
EXISTING EMPLOYEES ON FORMS I -9
2.1 VERIFYING NEW EMPLOYEES
Newly hired employees must complete Form I -9, regardless of whether they are
assigned to a Federal contract. Employers should comply with Form I -9, Employment
Eligibility Verification, procedures found in the Handbook for Employers: Instructions
for Completing Form I -9 (Rev.07/31/09) (M -274) found at www.uscis.gov. As an E-.
Verify employer, you also have additional requirements for Form I -9 that.other
employers do not have:
• You may only accept a List B document that contains a photo (if your
employee cannot provide such a document because of religious objections,
contact E- Verify Customer Support at 1- 888 - 464 - 4218).
• You must photocopy any Employment Authorization Document (Form I -766) or
Permanent Resident Card (Form I -551) if your employee presents one of these
documents and keep it with that employee's Form I -9.
• Your employees must write their Social Security numbers on Section 1 of Form
I -9.
Page 5 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
To initiate an E- Verify query, enter the information from the employee's completed
Fo.r_m -I-9_ into- E- V_ er_ if_ y_. -For= detailed_inf_or_mati.on_ and guidelines_on_using E- Verify_, refer
to the Federal Contractor User Manual.
2.2 VERIFYING EXISTING EMPLOYEES
To comply with the FAR rule, you must verify all new hires and existing employees
assigned to the contract. However, you may decide to exceed the requirements of the
rule and verify your entire workforce. Then, you must decide how to verify your
employees. This process will require three steps:
Step 1: Decide whether you want to verify:
• Only those existing employees for whom you must initiate verification as
explained in Sections 3, 4 and 5 of this guide, or
• Your entire existing workforce.
You must mark your selection in E- Verify when enrolling in the system for the first
time or if your company is already enrolled, by selecting the Maintain Company link in
E- Verify to update your company's information.
NOTE
If you choose to verify your entire existing workforce in E- Verify, you must verify all of your
existing employees except those that are exempt. Once you decide whether to verify the
entire workforce.
Step 2: Determine which existing employees are exempt from the Form I -9
process or have special requirements relating to the verification process:
Verification of your employees requires that you complete or update Form I -9 as well
as perform an E- Verify query. However, some employees are exempt from the
employment verification process, including Form I -9, under the Federal contractor
rule.
Employees Exempt from the Form I -9 Process
Employees who were hired before November 7, 1986 are exempt from completing
Form I -9 and cannot be verified in E- Verify.
Employees with Special Requirements Relating to the Verification Process
Although you may not be required to verify certain employees in E- Verify, you must
still comply with Form I -9 regulations. For more information on updating and
reverification of Form I -9, consult the Handbook for Employers: Instructions for
Completing Form I -9 (M -274) (rev. 07/31/09) found at www.uscis.gov..
Page 6 of 22 *1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
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Employees previously
You must update or reverify these
These employees may not
verified in E- Verify
employees as necessary under
be reverified in E- Verify.
Form 1 -9 regulations, such as
See also Section 3.3,
when their biographical or
Figure 5.
immigration status information
changes.
Employees who have an
If these individuals are new
If these employees meet
active confidential,
employees, they must complete
certain requirements, you
secret, or top secret
Form 1 -9. If the individuals are
are not required to verify
security clearance in
existing employees, you must
them in E- Verify. See
accordance with the
update or reverify them as
Section 13 for additional
National Industrial
necessary under Form 1 -9
information.
Security Program
regulations, such as when their
Operating Manual
biographical or immigration status
(NISPOM) or Homeland
information changes.
Security Presidential
Directive -12 (HSPD -12)
credential
Step 3: Completing new Forms I -9 or Updating Existing Forms I -9
Decide how you will verify your existing employees' information on their Form I -9.
You may either:
• Complete new Forms I -9 for your existing employees, or
• Update your employees' existing Forms I -9.
NOTE ON RETENTION OF FORMS 1 -9 .
Whichever option you choose, you will be required to retain any previously completed Form 1 -9 for
that employee. You are also required to make the previous form available for inspection if it is
requested by an authorized official.
To assist you in making this decision, please review the chart below.
Page 7 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
Figure 2: Options for Updating Existing Employees on Form I -9
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You may find this option
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those existing employees
employees the same
easier because the
Forms 1 -9 for all
that need to be verified.
way helps avoid
process is the same as
employees
The current rules for Form
possible
the process for newly
I -9 apply.
discrimination.
hired employees.
Option II:
You must carefully examine
To avoid possible
This option may suit your
Complete new
and review with those
Form 1 -9 violations,
company's needs if you:
Forms I-9 when
employees that need to be
you must carefully
1) have few employees
verified, their previously
determine which
necessary and
update existing
submitted Forms 1 -9 to
cases require a new
and /or
Forms 1 -9 when
determine:
Form 1 -9 using the
2) have sufficient
allowable
1) which employees
guidance in Section
resources to determine
must be verified on a
2.2.1.
if your company needs
new. Form 1 -9; and
to complete a new
Form 1 -9 or update the
2) which employees can
existing one for each
be verified by updating
employee, using the
their existing Form 1 -9.
guidance in Section
2.2.1.
2.2.1 INSTRUCTIONS FOR OPTION II: COMPLETE NEW FORM I -9
WHEN NECESSARY AND UPDATE EXISTING FORMS I -9 WHEN
ALLOWABLE
Note: This section only applies to employers who have selected Option 11
If you choose to review and verify with the existing employees, their information on
their existing Forms I -9, there will be instances where you must complete a new Form
I -9. A new Form I -9 must be completed if your employee:
• Presented an expired document on a previous Form I -9 that allowed for such
documents;
• Is an alien whose employment authorization as stated in Section 1 of Form I -9
has expired;
• Presented a List B document that did not have a photo when he or she
completed the previous Form I -9;
• Presented a List B document on a previous Form I -9 and you are unable to
determine if that document had, a photo;
• Was at the time of attestation a Noncitizen National of the United States and
was unable to attest to his or her correct status in Section 1 of Form I -9 with
revision date before 02/02/09;
• Had a change in his or her immigration status;
• Changed his or her name; or
Page 8 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 1 www.dhs.gov /E- Verify
• Completed his or her previous Form I -9 and it did not comply with Form I -9
requirements at the time of completion.
Instructions for updating a previously completed Form I- 9:
• If your employee presented an unexpired Form I -551 or U.S. Passport on a
previous Form I -9 and that document has since expired, and his or her
employment authorization is still current, you may not request that the
employee present an unexpired version of either document. However,
as is stated in Section 2.2.1, a new Form I -9 can be completed.
�Illll
SPECIAL E- VERIFY INSTRUCTION.FOR PHOTO MATCHING TOOL
Because the E- Verify system only accepts unexpired documents, if you enter an expired document
into the system, this may result in that employee receiving a tentative nonconfirmation. To find out
how to avoid this situation, call E- Verify Customer Support at 1- 888 - 464 -4218.
• If your employee presented an unexpired Form I -551 (Permanent Resident
Card) or Form I -766 (Employment Authorization .Document) and it is still
unexpired, photocopy the document and keep it with the employee's Form I -9.
• If your employee did not provide his or her Social Security number (SSN)
when completing a previous Form I -9, or if the employee claims that his or her
number has changed since then, the employee should update Section 1 of the
previous Form I -9 with his or her current Social Security number.
• If your employee's Alien number has changed, the employee should update
Section 1 of the previous Form I -9 with his or her current Alien number.
3.0 E- VERIFY ENROLLMENT AND PARTICIPATION AS A
FEDERAL CONTRACTOR
Companies awarded a Federal contract that includes the FAR E- Verify clause must
enroll in E- Verify. This section will assist you in when and how to enroll in and use E-
Verify.
3.1 OVERVIEW OF E- VERIFY ENROLLMENT AND USE
If you are awarded a Federal contract that contains the FAR E- Verify clause, you must
enroll in E- Verify and use it to confirm the employment authorization of:
• All newly hired employees, regardless of whether they are assigned to the
qualifying Federal contract (note that certain exceptions apply, see Section 4
for additional information), and
• Existing employees assigned to the qualifying Federal contract.
If your company or organization qualifies under the FAR contractor rule exemption or
exception, you may not be required to verify all newly hired employees. For more
information on exemptions and exceptions, see Section 5.
Page 9 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
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3.2 DEADLINES FOR ENROLLMENT AND VERIFYING
EMPLOYEES
If your company is not yet enrolled in E- Verify, you must:
• Enroll in E- Verify as a Federal contractor within 30 calendar days of the award
date of a contract that contains the FAR E- Verify clause.
• Begin verifying all newly hired employees within 90 calendar days of your
enrollment date, unless your company qualifies for an exemption.
• Initiate verification of all existing employees assigned to the qualifying
contract within 90 calendar days of your enrollment date.
• Initiate verification of all existing employees within 180 calendar days of
notifying us that you've chosen to verify your entire workforce.
Figure 3: Timeline for New Federal Contractors Enrolling in E- Verify
90 days from enrollment
180 days from enrollment
If your company is already enrolled in E- Verify, but not designated as a Federal
contractor in E- Verify, you must:
• Update your company profile in E- Verify and designate your company as a
Federal contractor within 30 calendar days of the award date of a contract that
contains the FAR E- Verify clause or an existing contract that has been modified
to include the E- Verify clause.
• Begin verifying all newly hired employees within 90 calendar days of
designating your company as a Federal contractor in E- Verify. Note that if you
are already verifying new hires under the MOU, you should not stop doing so.
• Initiate verification of all existing employees assigned to the qualifying
contract within 90 calendar days of designating your company as a Federal
contractor in E- Verify.
• Initiate verification of all existing employees within 180 calendar days of
notifying us that you've chosen to verify your entire workforce.
Page 10 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
si
Figiur_e_4.:- imeline-for_ Existi _ng- E= Verify_P__artici_pantS
90 days from enrollment
180 days from enrollment
If your company is already enrolled but not designated as a Federal contractor in E-
Verify, and you have been using E- Verify only for selected hiring sites, you must
determine if the E- Verify clause is in your contract. If it is, you must:
• Begin verifying all newly hired employees from all hiring sites within 90
calendar days of updating your company profile and designating your company
as a Federal contractor in E- Verify. For more information, please see Section 8
of this guide.
If your company is already enrolled in E- Verify as a Federal Contractor, and the E-
Verify clause is in your contract, you must:
• Initiate verification of all existing employees assigned to the Federal contract
that includes the FAR E- Verify clause within either:
0 90 calendar days of the contract award date, or
0 30 calendar days of the employee's assignment to the contract,
whichever date is later.
3.3 EMPLOYEES WHO ARE EXEMPT FROM E- VERIFY
Some employees are exempt from the E- Verify requirement to verify current
employees assigned to the contract.
Figure 5: Employees Completely Exempt from E- Verify
EMPL901(EE „ ENE N��is '' ��Fr "``
EXEMPTFROM�E \/Ef21Fl("
Hired before November 7, 1986 and continuing in employment
Previously confirmed as authorized to work in E- Verify (but not
exempt if a new hire)
Page 11 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
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Figure 6: Employees You are Not Required to E- Verify
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Perform support work such as general company administration or indirect
or overhead functions and do not perform any substantial duties
applicable to the contract (but not exempt if a new hire).
Have an active confidential, secret, or top secret security clearance in
accordance with the National Industrial Security Program Operating
Manual (NISPOM) or Homeland Security Presidential Directive -12
(HSPD -12) credential; a background check alone is not enough to qualify
for this exemption (also exempt if new hire).
V
Note: Transportation Worker Identification Credential (TWIC) cards do not
qualify.
For example: XYZ, Inc. hires Jane Doe, who has a top secret clearance, to work on a
Federal contract. XYZ still must enroll in E- Verify and use E- Verify for its other
employees, but is not required to use E- Verify for Jane. XYZ should note on Jane's
Form I -9 that she was exempt from E- Verify because of her security clearance. Even
if every employee at XYZ has a security clearance, XYZ still must enroll in E- Verify
because the Federal contractor rule contains no enrollment exception for companies
whose employees all have security clearances.
3.4 GOING FORWARD
Once your company has completed the above requirements and has been enrolled for
90 days or more, you must ensure that you continue to verify all of your newly hired,
nonexempt employees in E- Verify within 3 business days of their start dates.
Page 12 of 22= 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
``'
3.5 FEDERAL CONTRACTOR ENROLLMENT AND VERIFICATION
TIMELINE
REMINDER: You may only verify employees working in the United States who were
hired after November 6, 1986.
usiness°
vti
* For new hires, you must initiate a query anytime after an individual has accepted an offer of
employment and the employer and employee have completed the Form 1 -9, but no later than the
3`d business day after the employee begins working for pay.
Page 13 of 22 1 Supplemental Guide for Federal Contractors ( September 8, 2009 www.dhs.gov /E- Verify
vvitnin su caienaar w
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WHEN DO I VERIFY
WHEN DO I VERIFY
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* For new hires, you must initiate a query anytime after an individual has accepted an offer of
employment and the employer and employee have completed the Form 1 -9, but no later than the
3`d business day after the employee begins working for pay.
Page 13 of 22 1 Supplemental Guide for Federal Contractors ( September 8, 2009 www.dhs.gov /E- Verify
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-
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* For new hires, you must initiate a query anytime after an individual has accepted an offer of
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3`d business day after the employee begins working for pay.
Page 13 of 22 1 Supplemental Guide for Federal Contractors ( September 8, 2009 www.dhs.gov /E- Verify
Ak
4.0 ENROLLMENT INSTRUCTIONS FOR Certain
ORGANIZATIONS THAT QUALIFY FOR EXCEPTIONS
Certain organizations that are awarded a Federal contract that includes the FAR
E- Verify clause qualify for an exception. This exception only requires the use of E-
Verify for new hires and existing employees who work directly under a covered
contract. These organizations include:
• State and local governments
• Institutions of higher education (as defined at 20 U.S.C. 1001(a))
• Governments of Federally recognized Native American tribes
• Sureties performing under a takeover agreement entered into with a Federal
agency under a performance bond
You will indicate that your organization qualifies for the exception when you enroll in
E- Verify or when you update your company profile, if your company is already
enrolled.
Note: Your Form I -9 requirements are equivalent to the requirements for any other
Federal contractor whose contract contains the FAR E- Verify clause. See Section 2 for
more information.
4.1 YOUR OPTIONS
Your organization may choose which new employees you will verify through E- Verify:
• All new employees throughout your company, or
• Only those new employees working on a Federal contract that includes the FAR
E- Verify clause.
You may also choose which existing employees you will verify in E- Verify:
• Only those existing employees working on a Federal contract that includes the
FAR E- Verify clause, or
All existing employees throughout your company (your company's entire
workforce).
NOTE: If you choose to verify your entire existing workforce in E- Verify, you must
verify all of your existing employees except those that are exempt. Once you decide
either to. verify the entire workforce or to verify only those employees assigned to a
contract with the FAR E- Verify clause, you cannot change that decision..
For more information on exceptions for certain organizations, see Section 5.
4.2 VERIFYING YOUR ENTIRE WORKFORCE
If you choose to verify your entire workforce rather than just the employees assigned
to a qualifying Federal contract, you must:
1. Notify us that you've chosen to verify your company's entire workforce by:
• Choosing the entire workforce option during the E- Verify initial
enrollment process, or
• Updating your company profile.
Page 14 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
rrittate -an -E= Verify gaeryfiorearh- empiayee- within - N- caiendardays -o
notifying us that you've chosen to verify your entire workforce.
4.3 INITIAL ENROLLMENT IN E- VERIFY
If your organization is not yet enrolled in E- Verify, you must enroll in E- Verify. During
enrollment:
1. You will be asked, Which category best describes your organization?
Choose Federal Contractor.
2. You will then be asked, Which Federal contractor category best describes
your organization? Choose the option that best describes your company,
then click Next.
• To verify your entire workforce, you must select None of these
categories apply even if your company qualifies for one of the other
categories.
3. You will then be asked, Which employees will your company verify?
Choose the option which best fits your company's needs.
4.4 INSTRUCTIONS FOR UPDATING YOUR COMPANY PROFILE
FOR EXISTING E- VERIFY PARTICIPANTS
If your organization is already enrolled in E- Verify, you must update your company
profile in E- Verify. To do so:
1. Log in to E- Verify as a program administrator or ask your company's E- Verify
program administrator to perform this function.
2. Once logged in, click Maintain Company on the left -hand side menu.
3. From the Maintain Company page, click on the first View /Edit button.
4. On the Organization Designation section, next to Employer Category, click
Edit.
5. When asked, Which category best describes your organization? choose
Federal Contractor, then click Next.
6. When asked, Which Federal Contractor category best describes your
organization? choose the option that best describes your company, then click
Next.
• To verify your entire workforce, you must select None of these
categories apply even if your company qualifies for one of the other
categories.
7. When asked, Which employees will your company verify? choose the
option that best fits your company's needs, then click Next.
8. Review your company information, then click Save & Continue.
Page 15 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
i -M=
'PTO --Q-t At_I- -Y -I_N G- C-ONTR CT-S,- EX-EM- P-T- I- ONS -A ND
EXCEPTIONS FOR E- VERIFY
This section will assist you in determining whether your company has a qualifying
Federal contract, which existing employees are exempt from verification in E- Verify
and which companies are exempt from the Federal Contractor _rule.
5.1 THE E- VERIFY CLAUSE IN A FEDERAL CONTRACT
Only Federal contracts awarded and solicitations issued after September 8, 2009, will
include the FAR E- Verify clause that requires government contractors to use E- Verify.
Your government contracting official will determine whether your contract qualifies for
the FAR E- Verify clause, based on the criteria below. Subcontracts for more than
$3,000 for services or construction also qualify for the clause.
If your Federal .contract contains the FAR E- Verify clause, subject to certain
exceptions as described in the Federal contractor rule and this Manual, you must use
E- Verify to confirm the employment authorization of:
• All persons hired during a contract term, and
• Current employees who perform work under a Federal contract within the
United States.
To verify these individuals, you must:
• Enroll in E- Verify within 30 days of the contract award date.
• Use E- Verify to initiate verification of all your new hires and existing
employees working directly on Federal contracts are authorized to work in the
United States.
If your Federal contract does not-include the FAR E- Verify clause, you are not
required to enroll in and use E- Verify as a Federal contractor, but may participate
voluntarily.
5.2 HOW TO DETERMINE WHETHER YOUR FEDERAL CONTRACT
QUALIFIES
Your government contracting official, not the E- Verify program, will decide whether
your Federal contract qualifies for the E- Verify clause if it meets the following criteria:
• The contract was awarded on or after the Federal contractor rule effective date
of September 8, 2009 and includes the FAR E- Verify clause.
• The contract has a period of performance that is more than 120 days.
• The contract's value exceeds the simplified acquisition threshold of $100,000.
• At least some portion of the work under the contract is performed in the
United States.
If you already have a Federal contract that meets any of these criteria, your
government contracting official may modify your contract as needed.
If you have further questions about whether your Federal contract qualifies under the
Federal Contractor rule:
• Check with your government contracting official and staff to clarify your
obligations.
Page 16 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify.
r
• Speak with your legal counsel if the government contracting official cannot
5.3 IDIQ CONTRACTS
If you have an existing indefinite - delivery/indefinite - quantity (IDIQ) contract, your
government contracting official may modify it on a bilateral basis to include the FAR
E- Verify clause for future orders, in accordance with FAR 1.108(d)(3), when
• The remaining period of performance extends at least six months after the
effective date of the rule and /or
• The amount of work or number of orders expected under the remaining period
of performance is substantial.
If the clause is included in a modification of your IDIQ contract, you will be required
to participate in E- Verify within 30 days of the modification date.
5.4 CONTRACTS EXEMPT FROM THE FEDERAL CONTRACTOR
RULE
Companies whose contracts are exempt from the Federal contractor rule are not
required to enroll in E- Verify. A contract is considered exempt if any one of the
following apply:
• It is for fewer than 120 days.
• It is valued at less than $100,000 the simplified acquisition threshold.
• All work is performed outside the United States.
• It includes only commercially available off- the -shelf (COTS) items and related
services.
Your.company may voluntarily enroll in and use E- Verify at any time. If your company
is awarded a Federal contract in the future that includes the FAR E- Verify clause, then
at that time, you would be required to enroll and use E- Verify.
5.5 SPECIAL REQUIREMENTS FOR CERTAIN ORGANIZATIONS
The Federal contractor rule generally requires use of E- Verify for all new employees,
regardless of whether they are assigned to a Federal contract. However, the following
organizations awarded a Federal contract that includes the FAR E- Verify clause are
only required to use E- Verify for new hires and existing employees who are working
directly under a covered contract:
• State and local governments
• Institutions of higher education (as defined at 20 U.S.C. 1001(a))
• Governments of federally recognized Native American tribes
• Sureties performing under a takeover agreement entered into with a federal
agency under a performance bond
For example: A city government has a Federal contract that includes the FAR E-
Verify clause. After the Federal contractor rule implementation date, it hired Doris to
work on a contract containing the FAR E- Verify clause and hired Frank to work on a
project that is not part of a Federal contract. The city government need only verify
new and existing employees assigned to a qualifying Federal contract. Therefore, the
Page 17 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
imWOM e
city government must use E- Verify to verify Doris, but is not required to verify Frank.
The city is not required to verify anyone else on the staff not workin4 on the Federal
contract, but may choose to verify the entire staff.
6.0 SUBCONTRACTORS, INDEPENDENT CONTRACTORS
AND AFFILIATES
6.1 SUBCONTRACTORS
The Federal contractor rule requires certain Federal prime contractors to require their
subcontractors to use E- Verify when:
1. The prime contract includes the FAR E- Verify clause;
2. The subcontract is for commercial or noncommercial services or construction;
3. The subcontract has a.value of more than $3,000; and
4. The subcontract includes work performed in the United States
Subcontractors who are suppliers are not subject to the Federal contractor rule.
6.2 PRIME CONTRACTOR AND SUBCONTRACTOR OBLIGATIONS
The prime contractor should provide general oversight to subcontractors to ensure
that they meet the E- verify requirement. The prime contractor may be subject to
fines and penalties if it knowingly continues to work with a subcontractor who is in
violation of the E- Verify requirement. As proof of enrollment, the subcontractor should
provide the prime contractor a copy of its Maintain Company page, which can be
printed directly from E- Verify.
Prime contractors are not responsible for verifying the subcontractors' individual
employees. However, the prime contractor must, by whatever means the contractor
considers appropriate, ensure that all covered subcontracts at every tier incorporate
the E- Verify clause at FAR 52.222 -54, Employment Eligibility Verification, and that all
subcontractors use the E- Verify system.
The subcontractor may designate the prime contractor as its agent for ensuring E-
Verify compliance. The prime contractor must be enrolled in E- Verify as a designated
agent to verify its subcontractors' employees.
6.3 INDEPENDENT CONTRACTORS AND SELF- EMPLOYED
INDIVIDUALS
Form I -9 rules govern whether an individual is considered self - employed with respect
to using E- Verify. Generally, self - employed individuals are not required to complete
Forms I -9 on themselves, and therefore, are not required to use E- Verify. However,
all employers, including sole proprietorships, are required to complete a Form I -9 for
each employee they hire. Employers will need to confirm the employment
authorization in E- Verify of each employee working under a Federal contract that
includes the FAR E- Verify clause.
Employers are not required to complete Forms I -9 and use E- Verify for their
independent contractors. The Form I -9 regulations use common -law understandings.
of employer - employee relationships to describe who is an independent contractor.
Employers are not required to verify employees of its independent contractor.
However, if the independent contractor is a subcontractor under a Federal contract
Page 18 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
covered by the E- Verify clause, the E- Verify requirement will flow down to the
ind encienL _contr_actot, who n- sisi�e _Ve.ri_fy to verify its own employees.
For example: Acme Corporation enters into a Federal. contract covered by the E-
Verify clause to construct a Federal building and must verify its own employees in E-
Verify. Acme subcontracts with Don Draftsman, a self - employed individual, to provide
some technical drawings. Acme also subcontracts with Edwards Engineering to install
some equipment. Both subcontracts are for more than $3,000 and are covered by the
E- Verify clause. Both companies carry on independent business, perform their work
according to their own means and methods, and are subject to Acme's control only as
to results.
Acme does not use E- Verify to verify either Don Draftsman's employment
authorization or the employment authorization of Edwards Engineering's employees.
However, Acme is responsible under the Federal contractor rule for ensuring that
Edwards Engineering, as Acme's subcontractor on a covered Federal contract, enrolls
in E- Verify and verifies its new hires and its existing employees assigned to the
Federal subcontract.
While Acme is also responsible for ensuring Don Draftsman's compliance with the E-
Verify clause, as a self - employed individual, Don does not need to complete a Form I-
9 on himself or enroll in E- Verify. Nor does ACME need to run Don through E- Verify.
Under the employer sanction rules applicable to any employer, Acme cannot use an
independent contractor if it knows that the independent contractor is an alien who is
not authorized to work in the United States.
6.4 SUBSIDIARIES AND AFFILIATES
Only the legal entity (business) that signs the contract is considered the contractor,
and is bound by the E- Verify obligation.
Whether certain subsidiaries and affiliates are a part of the legal contracting entity
depends on the specific factual context. Consult your legal counsel if you have
additional questions about this topic.
Remember, the Federal Acquisition Regulation, and therefore the Federal contractor
rule, does not extend to contracts under which all work is exclusively performed
outside the United States. The U.S. territories of American Samoa and the
Commonwealth of the Northern Mariana Islands are not considered part of the
United States as defined for purposes of the Federal contractor rule.
7.0 ENROLLMENT INSTRUCTIONS FOR CONTRACTORS
NOT YET ENROLLED IN E- VERIFY
If your company is awarded a Federal contract that includes the FAR E- Verify clause,
you. must enroll in E- Verify. This section will help you to enroll in E- Verify if you are a
new E- Verify user that has never before enrolled.
7.1 OPTIONS FOR VERIFYING EXISTING EMPLOYEES
At a minimum, your company must verify existing employees who work on a Federal
contract that includes the FAR E- Verify clause. Before you enroll in E- Verify, decide
whether you would like to verify:
Only those employees working on the Federal contract with the FAR
E- Verify clause
Page 19 of 22 1 Supplemental Guide for Federal Contractors 1 September 8, 2009 www.dhs.gov /E- Verify
o With this option, you must track which employees are assigned to a
Federal co tr_act_th.abn "Ides-the—FAR-
you E_Verif� clause to ensure that
only verify those employees working on the qualifying contract.
You must also track which employees have already been verified
through E- Verify. ,
.• Your entire workforce
o For some employers, choosing to verify your entire workforce may
simplify the E- Verify process.
7.2 FEDERAL CONTRACTOR ENROLLMENT STEPS
When you enroll your company, you will need to tell us some basic information about
your company and agree to follow the rules of our program in the Memorandum of
Understanding (MOU). During enrollment:
1. You'll be asked Which category best describes your organization?
• If your company has been awarded a Federal contract that includes the
FAR E- Verify clause, click Federal Contractor, then click Next.
• If your company has not yet been awarded a Federal contract that
includes the FAR E- Verify clause, choose the category that best
describes your organization, then click Next.
2. If you selected Federal Contractor as the category which best describes your
organization, you'll be asked Which Federal Contractor category best
describes your organization? Choose the Federal contractor category that
best describes your organization, then click Next.
3. You'll then be asked which employees will your company verify? Choose
the option that best applies to your company and,then click Next. Your
options are:
• Use E- Verify for all new employees throughout your company and for
only those existing employees working on a Federal contract that
includes the FAR E- Verify clause, or
• Use E- Verify for all new employees and existing employees throughout
your company.
Once you are enrolled, you can register yourself and others to use the system.
8.0 INSTRUCTIONS FOR FEDERAL CONTRACTORS
ALREADY ENROLLED IN E- VERIFY
If your company is awarded a Federal contract that includes the FAR E- Verify clause,
you must enroll in E- Verify. This section will help you to update your company profile
and verification process in E- Verify if you are already enrolled.
8.1 UPDATING YOUR VERIFICATION PROCESS
The Federal contractor rule adds some new requirements and removes some of the
flexibility that your company traditionally has had in deciding how it uses E- Verify.
Depending on how your company has been using E- Verify, you may need to make
some changes to how you use,the system. For instance, if your company has been
Page 20 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
M. r,
selectively using E- Verify at certain hiring sites, but not others, you must begin using
E- Verify at all of your company's hiring sites.
For example: You only use E- Verify to verify employees at your Arizona locations.
In your company profile, only your Arizona locations are listed. As a Federal
contractor, you must include all of your company's hiring sites in your company
profile. Also, because you are required to verify all of your newly hired employees
with certain exceptions, you'll no longer be able to use E- Verify on a location -by-
location basis.
You do not need to wait to expand your use of E- Verify to all of your company's hiring
sites until you are awarded a Federal contract that includes the FAR E- Verify clause.
If you expand your E- Verify use now, your company will be ready if it is awarded a
Federal contract that includes the FAR E- Verify clause.
8.2 UPDATING YOUR COMPANY PROFILE
Once your company is awarded a Federal contract that includes the FAR E- Verify
clause, you must designate your company as a Federal contractor in E- Verify. You
should not do so until you officially receive a qualifying Federal contract.
To designate your company as a Federal contractor, you must update your company
profile:
1. Log in to E- Verify as a program administrator. If you are not a program
administrator, ask your E- Verify program administrator to perform this
function.
2. Once logged in, click Maintain Company in the left -hand side menu.
3. From the Maintain Company page, click on the first View /Edit button..
4. On the Organization Designation section, next to Employer Category, click
Edit.
5. On the Company Designation page, you'll be asked, Which category best
describes your organization? Click Federal Contractor, then click Next.
6. You'll then be asked Which Federal Contractor category best describes
your organization? Click the option which best describes your organization
7. You'll then be asked Which employees will your company verify? Click the
option which best meets your company's .needs and then click Next.
8. Review your company information and click Save & Continue.
8.3 FEDERAL CONTRACTOR TUTORIALS
Once you have changed your company designation to Federal contractor, your
E- Verify program administrators and general users must successfully complete a
Federal contractor - specific tutorial and pass a mastery test before they can use
E- Verify again.
8.4 MEMORANDUM OF UNDERSTANDING
As a Federal contractor using E- Verify, your company must comply with the Federal
contractor - specific terms of the E- Verify Memorandum of Understanding (MOU).
• Depending on when your company enrolled in E- Verify, the MOU that your
company signed may not contain the new Federal contractor - specific terms.
• All E- Verify - enrolled companies must comply with the terms of the current
MOU.
Page 21 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
9.0 INFORMATION FOR DESIGNATED AGENTS
E- Verify service providers, also known as designated agents, use E- Verify to verify
the employment authorization of their clients' employees. This section will assist
designated agents and their clients in preparing for the effects of the Federal
contractor rule.
9.1 RECOMMENDED ACTIONS FOR DESIGNATED AGENTS
1. Update E- Verify profiles
• For your Federal contractor clients
Update each of your Federal contractor client company profiles separately
to designate it as a Federal contractor.
• For your own company
Only update your designated agent profile to designate yourself as a
Federal contractor if you are a Federal contractor that was awarded a
contract that contains the FAR E- Verify clause.
2. Ensure that you meet the tutorial requirement
Before updating a company profile to designate Federal contractor, inform the
program administrators and general users of that profile that they must
complete a Federal contractor - specific tutorial and pass a mastery test before
accessing E- Verify again.
3. Review the latest E- Verify Memorandum of Understanding (MOU)
All E- Verify - enrolled companies must comply with the terms of the current
E- Verify MOU, which contains Federal contractor - specific terms with which
both Federal contractor client companies and their designated agents must
comply. Depending on when you enrolled in E- Verify, your original MOU may
not contain these terms. Therefore, you should review the current MOU to
ensure your company complies with the Federal contractor - specific terms of
the current E- Verify MOU.
9.2 USING WEB SERVICES
Companies using Web Services to perform E- Verify queries must update their
software to support the E- Verify system functions for federal contractors. If you are
an employer or designated agent that uses E- Verify Web services whose clients are
affected by the Federal contractor rule, you should use the Web browser application
of E- Verify until.you have upgraded to the latest Interface Control Document (ICD).
You may continue to use your Web Services software to process queries for non -
Federal contractors.
NOTE
E- Verify Photo Tool is not yet available for designated agents.
Page 22 of 22 1 Supplemental Guide for Federal Contractors I September 8, 2009 www.dhs.gov /E- Verify
MEMORANDUM
DATE: April 15, 2010
TO: Mayor and City Council Members
FROM: Sheryl Smith, Human Resources Manager
Colleen Williams, Deputy Human Resources Manager
SUBJ: E.-Verify System
The City of Yakima currently uses Social Security Administration - Business- Services Online to verify .
eligibility .for employment and to verify social security numbers for wage reporting. This Internet data
base is checked for all new employees and the results are immediate. The information to complete the
inquiry is gained from the Department of Homeland Security. Form - I -9, Employment Eligibility
Verification. The use of the Social Security Number Verification Service ( SSNVS) is voluntary and the
city has been using the system for nearly ten years.
E- Verify uses the information from the I -9 form as well. However, to access the E- Verify system an
employee is required to produce an acceptable document from I -9 form, List B, that has a photograph.
An employer cannot specify which document(s) an employee presents but if one is not a photograph the
E- Verify system can not be accessed. This is problematic and may be discriminatory.
In the research we have done, it. is unclear what additional. information. E- Verify has access to that
would benefit the City in determining an employee's eligibility -to work in the United States other than
photo match of Form I -766 (Employment Authorization Document or Form I -551 (Permanent Resident
Card)..E- Verify does not require that an employee present.a social security (ss) card, just the number.
In other words if an .employee presents a valid US passport and a social security number, E- Verify will
check the Social Security data base ( SSNVS) for verification, as is being done now. If the employee
presents an out -of -state driver license and ss card the SSNVS is used by E- Verify for verification, same as- -
is being done now. The presentation of a Washington State driver license and. ss card will also be
verified in.the SSNVS system as well.
• Recommendations:
We take due diligence seriously and are confident that the individuals we hire are all legally eligible to
work in the US. The City of Yakima voluntarily uses the SSNVS system to verify ,eligibility, for
employment and has done so for many years. with excellent results. There has been only one "no match"
that was able to be resolved, and hired. The. research related to E- Verify has not' demonstrated a
significant benefit over our current verification process with the Social Security Administration.
U.S. employers are required by law to verify the employment.
authorization of all workers they hire on or after November 6, 1986,
for employment in the United States, regardless of the workers' .
immigration status. Employers who hire or continue to employ
individuals knowing that they are not authorized to be employed
in the United States, or who fail to comply with employment
authorization verification requirements, may face civil,and, in
some cases, criminal penalties. Form.I -9, Emp /oyment E1igibi /ity
Verification, must be completed for each newly hired employee,
including U.S. citizens, permanent residents, and temporary foreign
workers, to demonstrate the employer's'compliance with the law
and the employee's work authorization. Through the Form I -9
verification .process, employers ensure that employees possess
proper authorization to work in the United States and that hiring
practices do not unlawfully discriminate based on immigration
status.
Who,is responsible.'for completing the different sections'd `.
The employee must complete Section 1, Employee Information
and Verification; of Form I -9. The employee must attest that he
or she. is a U.S. citizen or,national; a lawful permanent resident,
or is otherwise . authorized to work for the employer in the United
States. The employee,must present documentation to the employer
establishing identity and employment authorization based on the
most current Lists of Acceptable Documents on the.I -9 form. The
employer is obligated, after physically examining the documents
Presented by the employee, to complete Section 2, Employer Review
and Verification, and Section 3,,Updating and Reverification (if
applicable), of the I -9 form.
When';should Section 1 of ?Form I =9 i compf d:.7
Each newly hired employee (an employee who has accepted the
position) should complete and sign Section 1 no later than the first .
day of. employment, regardless of his: or her immigration status..
U.
'When shoultl Section 2 of Form I 9 becomp(etetl�'
..., . 7
Employers must complete and sign Section 2 of Form I -9 within
3 business days of the employee's first day of employment. If
the employment relationship will last less than 3 days, then the
employer must verify work authorization and complete Section 2 no
later than the first day of employment.
The employee may provide the documents they choose from those
listed on the most recent Lists of Acceptable Documents, which
can be found on the I -9 form. The employee must present one
document from List A, or two documents -one from List B and one
from List C:
List A (documentation establishing both identity and
authorization to work);
• List B (documentation establishing only identity);
• List C (documentation establishing only authorization to work).
The employer must physically examine the documentation
establishing identity and employment authorization the employee
presents.
In certain instances, the employee may use receipts in lieu of
original documents in the Form I -9 process.jor example, if an .
individual's document has been lost, stolen, or damaged, then he
or she can present a. receipt for the application for a replacement
document. The replacement document must be presented to the
employer within 90 days of hire, or, in the case of reverification, the,
date employment authorization expires. For more information on the
receipt rule, see the manual, M-:274, ' Handbook for Employers
.Note: A- receipt for an application for -an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form 1-765,
Application for Emp /oyment Authorization, is not acceptable for Form
I 79 verification purposes.
E3 -I Am an Employer... How Do I ... Complete Form I -9, Employment Eligibility Verification?
M- 584.(August 2008) 1
expire, the employer must reverify that the employee has renewed
his or her authorization to work. The employee can choose which
documents to provide from the Lists of Acceptable Documents on
the I -9 form.
Except for employees who are U.S. citizens or permanent residents,
employers should reconfirm the employment authorization of every
employee who has presented evidence of work authorization that
contains an expiration date.
What if the;employee only has temporary work
authorization?
An employee who has been issued temporary work authorization
must produce proof of continued work authorization no later than
the expiration date.
How,do I�know 1f a document is genuirie or false?
An employer is not required to know with, absolute certainty whether
a document is genuine or false. The law requires that an, employer
.examine the original document (not a photocopy).and make a good-
faith determination that the document:
Appears to relate to the employee;
• Appears to be genuine; and
Is included in the Lists of Acceptable Documents on Form I -9.
Please note that rejecting a document that later proves to be
genuine could- result in a violation of the anti - discrimination
provisions of immigration law, so employers should guard against
being overzealous in their inspection of documents.the employee.
presents:
Employment Eligibility Verification I -9
Application for Employment Authorization I -765
Handbook for Employers M -274
• On'the Internet at: www.uscis.gov
For more copies of this guide, or information about other
citizenship and immigration services, please visit our website.
You can also download forms, e -file some applications, check the
status of an application, and more. It's a great place to start!
If you don't have Internet access at home or work; try your local
library. If you cannot find what you need, please call Customer
Service.
• Customer Service: :1- 800 - 375 -5283
Hearing Impaired TDD Customer Service:' 1- 800 - 767 -1833
Other4;U S Government Services :`Click- or Call `:
General Information
3, ru av c
.
1- 800 - 333 -4636
Employers should complete Section 3 of Form I -9 when updating
p
The M -274, Handbook for fmployers, contains the instruction s
and reverifying the employment authorization of an employee whose
for completing Form 1-9. Both Form 1-9 and.the handbook can be
previous valid authorization has expired. Section 3 does not apply
downloaded from our website at www.uscis.gov. We also have
to employees who are U.S. citizens or permanent residents. (Note,
additional information about Form.I -9 on our website under "About
however, that the receipt rule applies to temporary evidence of
Form I -9 and E- Verify."
permanent resident status, and will need to be reverified.) Section
Key Information.
3 should only be completed when the employee indicates that he
or she is an alien authorized to work until a certain date in Section
ti -r� Iio
Gnrm ,d
expire, the employer must reverify that the employee has renewed
his or her authorization to work. The employee can choose which
documents to provide from the Lists of Acceptable Documents on
the I -9 form.
Except for employees who are U.S. citizens or permanent residents,
employers should reconfirm the employment authorization of every
employee who has presented evidence of work authorization that
contains an expiration date.
What if the;employee only has temporary work
authorization?
An employee who has been issued temporary work authorization
must produce proof of continued work authorization no later than
the expiration date.
How,do I�know 1f a document is genuirie or false?
An employer is not required to know with, absolute certainty whether
a document is genuine or false. The law requires that an, employer
.examine the original document (not a photocopy).and make a good-
faith determination that the document:
Appears to relate to the employee;
• Appears to be genuine; and
Is included in the Lists of Acceptable Documents on Form I -9.
Please note that rejecting a document that later proves to be
genuine could- result in a violation of the anti - discrimination
provisions of immigration law, so employers should guard against
being overzealous in their inspection of documents.the employee.
presents:
Employment Eligibility Verification I -9
Application for Employment Authorization I -765
Handbook for Employers M -274
• On'the Internet at: www.uscis.gov
For more copies of this guide, or information about other
citizenship and immigration services, please visit our website.
You can also download forms, e -file some applications, check the
status of an application, and more. It's a great place to start!
If you don't have Internet access at home or work; try your local
library. If you cannot find what you need, please call Customer
Service.
• Customer Service: :1- 800 - 375 -5283
Hearing Impaired TDD Customer Service:' 1- 800 - 767 -1833
Other4;U S Government Services :`Click- or Call `:
General Information
www.usagov.gov.
1- 800 - 333 -4636
New Immigrants
www.weicometoUSA.gov
U.S. Dept. of State _
www.state.gov
1 -202- 647 -6575
E3 —I Am an Employer... How Do I... Complete Form I -9, Employment Eligibility Verification?
M -584 (August 2008)
OMB No. 1615 -0047; Expires 08/31/12
Department ofFIomeland Security Form I =9, = Employment
U.S. Citizenship and Immigration Services El1alhllltjTverificatlon
Instructions
Read- all - instructions -earefull},-before-com pletin,iiiis- form.
Anti - Discrimination. Notice. It is illegal to discriminate against in Section 2 evidence of employment authorization that
any individual (other than an alien not authorized to work in the contains an expiration. date (e.g., Employment Authorization
United States) in hiring, discharging, or recruiting or referring for a Document (Form I- 766)):
fee because.of that individual's national origin or citizenship status.
It is illegal to discriminate against work - authorized individuals. Preparer/Translator Certification 1. Employers CANNOT. specify which document(s) they will accept The Preparer /Translator Certification must be completed if
from an employee. The refusal to hire an individual because the. Section 1 i.s prepared by a person other than the employee. A
documents presented have a future expiration date may also preparer /translator may be used only when the employee is
constitute illegal discrimination. For more information, call the. unable to complete Section 1 on his or her own. However, the
Office of Special Counsel for Immigration Related Unfair employee must still 1 personally.
Employment Practices at 1 -800- 255 - 8155.sign Section
... b p y•. .
S t• 11 E I
ec ton_, mp oyer
ESEh�pDSeofhsc�r�rn?� t�
For the purpose of completing this form the term "employer"
,a ry
means all employers including those recruiters and referrers.
The purpose of this form is to document that each new
for a fee who are agricultural associations, agricultural
employee (both citizen and noncitizen) lured after November
employers, or farm labor contractors. Employers must
6, 1986, is authorized to work in the United States.
complete Section 2.by examining evidence of identity and
employment authorization within three business days the .
3 nn ft fit.
i.
enaSItoulloz�u �tw24 E�
of
date em to went begins. However, if an employer hires an
p y o
t, w *•• • f•- .- n °'. � • _- ' 3 = -a. k5' _.. R -� #g'
individual for less than three business days, Section 2 must be
All employees (citizens and noncitizens) hired after November
completed at the time employment begins. Employers cannot.
61 1986, and working in the United States must complete
specify which document(s) listed on the last page of Form 1-9'
Form I -9.
employees present to. establish identi ty and employment
authorization. Employees may present.any.List-A document ..
I{riII�
W�' N`�Tik `���, {itf`i`rn t�}z
tOiltfdfi Per , ,s l4 ,
ORacombinationofaListB .andaListCdocument.
HIT
If an employee is unable to present a required document (or.
Section 1, Employee
documents), the employee.must present an acceptable receipt
This part of the form must be completed no later than the time
in-lieu of a document listed on .the last page of this form.
of hire, which is the actual beginning of employment.
Receipts showing that a person has applied for an initial grant
Providing the Social Security Number is voluntary; except for
of employment authorization, orfor renewal of employment
employees hired. by employers participating in the USCIS ..
.
authorization, are not acceptable..Employees must present
Electronic Employment Eligibility Verification Program (E-
"receipts within three business days. of the date employment
Verify).:The employer is responsible for ensuring that
begins and must present valid replacement documents .within
Sectional is timely.and. properly completed...
90 days or other specified.time.
Noncitizen nationals of the United States are persons born in
`.Etn,ployers must record in Section2: .
American. Samoa, certain former.citizens of the former Trust
Territory of the Pacific Islands, and certain children of
1. Document title;
noncitizen . nationals bom abroad..
2.. Issuing authority;
3.: Document number;
'Employers-should note the work authorization expiration
4. Expiration date, if any; and
date (if any) shown in Section 1. For.employees who indicate
. :---- - -
'S _The.da te. e mplo..._.....- yme nt.begins.
an employment authorization expiration. datein-Section 1,
employers are required to reverify employment authorization
Employers must sign and datethe certification in :Section:2.
for employment on or before the date shown. Note that some
Employees must:presentoriginal documents :,Employers may,
employees may leave the expiration date blank if they are
but.are. not required to, photocopy the-document(s) presented.
aliens whose work authorization does not expire (e.g., asylees, .,
If photocopies are made, they must be made for all nevv hires.
refugees, certain citizens of the Federated States of Micronesia
Photocopies may only be:used for the verification process and
or the Republic of the Marshall Islands). For such employees,.
must be retained with Form I -9. Employers are still
reverification does not apply unless they choose to present
responsible for completing. and retaining Form I -9. '
Farm I-9 (Rev. 08/07/09) Y
For more detailed information, you may refer to the
Information about E- Verify, a free and voluntary program that
USCIS Handbook'for Entployers (Form M -274). You may
allows participating employers to electronically verify the
obtain the handbook using the contact information found
employment - eligibility of their newly hired- employees; can-be—
under the header "USCIS Forms and Information."
obtained from our website at www.uscis:goy /e- verify or by
calling 1- 888464 -4218.
Section 3, Updating and Reverification
General information on immigration laws, regulations, and
Employers must complete Section .3 when updating and /or .
"
procedures can be obtained.by telephoning our National
reverifying Form 1 -9. Employers must reverify employment
Customer Service Centel at 1- 800 -3 75-5283 or visiting our
authorization of their employees on or before the work .
Internet website at www.uscis.gov.
authorization expiration date recorded in Section 1 (if any).
Employers CANNOT specify which document(s ) the will
�? gel �� I Mq,
accept from an employee .1DoGDpJt1a11iRett111Litl07k'1
A. If an employee's name has changed at the time this form
is being updated/reverified, complete Block A.
A blank Form I -9 may be reproduced, provided both sides are
copied. The Instructions must be available to all employees
B. If an employee is rehired within three years of the.date
completing this form. Employers must retain completed Form.:
this form was originally completed and the employee is
I -9s for three years after the date of hire or one year after the
still authorized to be employed on the same basis as .
date employment ends, whichever is later..
previously indicated . on this.form (updating), complete
Block Band the signature block.
Form 1 -9 may be signed and retained electronically,-as
authorized in Department of Homeland Security regulations
C: If an employee is rehired within three _years of the date
at 8 CFR 274a.1
this forin was originally completed and the employee's
work.authorizationhns expired or if a current -
i�.�,r ,�� �i,�,,� , F r��r� �, � �t � t, �.�- � � �3 'r� ' ��r�� , � '�•�+
employee's work authorization is about to expire
(reverification), complete Block B; and:
The authority for collecting this information.i the
1. Examine any document that reflects the employee
Immigration Reform. and Control Act of 1986, Pub. L. 99 -603
is authorized to work in the United States (see List
(8 USC 1324a).
A or C); .
This information is for employers to verify the eligibility. of
.2., Record the documeint:title, document number, and
individuals for employment to preclude the unlawful hiring; or
expiration date .(if any) in Block. C; and =
recruiting.or referring for a fee, of aliens who are not
3. Complete the signature.block.
authorized to work in the United States
`Note that for reverification purposes, employers have the
option of completing anew. Form 1- 9.instead of completing
This information will be.used by.employers as a record of
Section 3.
their basis for determining eligibility of an employee to wort:
.n
i the United States. The form will be kept by the employer
{S he, llma�i 1 -= �y S ;? ti 3 «w a
and made available for inspection by authorized officials of
oha ,�
r .. .a._ ,x, r, . ,�.. ,> _ , ,,,,� .y�
the .Department ofHomeland.Security; Departrn of Labor,
There is no associated filing fee for completing Form I -9'. This
and Office of Special Counsel for Immigration- Related Unfair
form is not filed with USCIS or any government agency. Form
Employment Practices.
1 -9 must be retained by the employer and made available for
Submission of the information required in this form. is
inspection by U.S. Government officials as specified in.the I
voluntary. However, an individual may not begin employment
Privacy Act Notice below.
unless this form is completed, since employers are subject to.
cit it or criminal penalties if they do not comply with the
ay; } "x N
�7SC�TSt +arms,�ana"(�.fo�matian _
Irnmi anon Reform and Control Act of 1986
�
To order USCIS forms, you can download them .from. our .
website at wvm7.uscis.gov /forms, or call our toll -free number at
1- 800 - 870 -3676. You can. obtain information about Form I -9
from our website at vrarw.uscis.gov dr by: calling
1 -888- 464 -4218.
EMPLOYERS. MUST RETAIN COMPLETED FORM 1 -9 Farm I -9 (Rev. 08/07109) Y791 2
DO NOT: MAIL COMPLETED FORM I -9 TO ICE OR USCIS .
s;: ",�.� ,- .ax,::;.:! , a. !�' ,,;I a��,,.. 1.�;:. _t! «!�'.�.�LJ ..': .r,. !� ,a. :.: .....v �. �iE ,a .�K ..1 ^e..i�..��G ..
OMB No. 1615 -0047; Expires 08/31/12
Form
Department of Homeland Security .I -9; Employment
U.S. Citizenship and Immigration Services Eli- ibili"T Verification
Read instructions carefully before completing this form. The instructions must be available during completion of this form.
ANTI- DISCRIMINATION NOTICE: 'It is illegal to discriminate against work- authorized individuals. Employers CANNOT
_ specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents have a
future expiration date may also constitute- ille°al °discrimination.
Section 1. Employee Information and Verification (To be completed and signed by employee at the tithe employment begins. )
Print Name: Last First Middlelnitial Maiden Name
Address (Street Norne and Number) Apt. # Date ofBirth (ntonth/dayryearJ
City State Zip Code. Social Security #
I attest, under penalry , of perjury, that I. am (check one of the following):
I am aware that federal law provides for A citizen oftheUriited States
imprisonment and/or. fines.-for false statements or
n connection with the 0 A non citizen nationalnftheUnited States (see instructions)
use of false documents i
completion of this form. ❑ A lawful permanent resident (Alien #)
An alien authorized to work (Alien # or Admission #)
until (expirationdate..if applicable, - montlildm/vear)
Employee's Signature Date (month/da))fyear)
Preparer and /or Translator Certification (To be completed and signed if Section l is prepared by aperson other than the employee.) I attest, under
penalty of perjm,, that I have assisted in the complerion of this form and that to the best of my knowledge the information is true and correct.
Preparer's/Transluor's Signature 7 rmtName
Address (Street le and Number, City, Stare, Zip Code) Date (month/dayivear) .
Section 2. Employer Review and Verification (To be completed and signed by e)77pl0ye7-. Fa-antine one document from List A OR
examine one document fi•ow List B and one from List C, as listed on the reverse of this form, and record the title, number, and
expiration date, if any, of the document(s).)
List A OR List B AND List C
Document title:
Issuing authority:
f
Document #: tii: l
Expiration Date (if any):
[k,a
Document #: r
Expiration Date (if an)): -
C1 RTIFICATION: I attest, under penalty of perjury, that have examined the document(s) presented by the above- namedemployec, that
the above- listed document(s) appearto be genuine and.to relate to the employee..named, that the employee began employment on
(month /dpyiyem). and that to the best of my knowledge the :employee is authorized to work in the United. States.. (State
employment agencies may omit the date-the employee began employment.)`
Signature of Employer or Authorized Representative Print Name Title
Business or Organization Name and Address (Street Nome and Number, Ciry, Stare, Zip Code) Date (month/dalr /vear)
_ _. P
Section3. [J dating and'Reverification' (To be completed and sigrTed b) employer.
A. New Name (if applicable) B. Date of Rehire ( month /der} Iyeat) . (f applicable)
C. If employee's previous grant of work authorization has expired, provide the information below for the document that establishes current employment authorization,
Document Title: Document 9:
Expiration Date (ifarr)):
1 attest, under penalty of perjury, that to the best of my itnowiedge, this employee is authorized•to work in the United States, and if the.employee presented .
document(s), the documents) I have exantined.appear to be genuine and to relate to.the individual..
Signature of Employer or Authorized Representative Date (month /dmrivear)
.. Form 1- 9.(Rev. 08/07/09) Y Page 4.
LISTS OF ACCEPTABLE DOCUMENTS
All documents must be unexpired .
LIST A. LIST B LIST C.
Documents that.Establish Both Documents that Establish Documents that Establish
Identity and Employment Identity 'Employment Authorization
A NI)
U.S. Passport or U:S, Passport Card
1.
Driver's license or ID card issued by
1.
Social Security Account Number
a State or outlying possession of the
card other than one that•specifies
United States provided -it contains a
photograph or information. such as
on the face that the issuance of the
card does not authorize,
2. Permanent Resident Card or Alien
name, date of birth, gende, height,,.
employment in the United States
Registration Receipt Card (Form
eye color; and address
Certification of Birth Abroad... .
issued by the Department of State
2. ID card issued by federal, state or
3. Foreign passport that contains a ..
local government agencies or
(Form FS -545)
temporary 1 -551 stamp or temporary
entities, provided it contains a
I -» 1 printed notation on a machine-
photograph or. information such as
readable immigrant visa
name, date of birth, gender; height,
3.
Certification of Report of Birth
eye color, and address
issued by the Department of State
(Form DS -1350)
4. Employment Authorization Document
3.
School ID card.with a.photograph
that contains a photograph (Form
4.
Voter's registration card
4.
Original orcertified copy of birth. _
1 -766)
certificate issued by a State,
county, municipal authority, or
5. In the case of a nonimmigrant alien
S., Military card or draft record
authorized to work for a specific
territory. of the United States..
6.'
Military dependent's ID card
employer incident to status, a foreign
bearing an official seal
Passport with Form I -94 or Form
7.
U.S. Coast Guard Merchant Mariner
5..
Native American tribal document
I -94A bearing the. same name as the
passport and containing. an
Card.
,endorsement of the alien's ..
8:
Native American tribal document
nonimmigrant status, as long as the
penod.of endorsement has not Yet.
9.
Driver's license issued by a Canadian .
expired and the proposed
6..
U.S. Citizen ID Card (Form I -197)
employment is not in. conflict with
government authority
:any restrictions or limitations
For persons under. age.18 who
7.
Identification Card for:Use of
identified on the form
are unabie to present a
document listed. above:
Resident Citizen in- the United
States (Form 1 -179.)
6. Passport from the Federated States of
.
10.
. School record or report card
_-
8
Employment authorization
Micronesia (FSM) or. the Republic of
the- Marshall_Islands. (RMI) with:
Form I -94 or Form 1 -.94A indicating
document issued b} the
11.
.Clinic, doctor, or hospital record
noninunigrant admission under the
Department of Homeland Security
Compact of Free Association
12.
'Day -care or nursery school record .
Between the United States and the .
FSM or RMI
Social Security Number verification Service (SSNVS) HandbooK I using
F� .., u B /�' I �� �i " uti ��.E.Il�br�
i, �.
c
ii i Lr l JI ill _a.,,
iV.umber- Vemffication'Service
(SSNVS) Handbook
landbook (246 USING SSNVS
SSNVS allows you to submit names and Social Security Numbers (SSNs) for verification .both online
able of and through electronic file submission.
',ontents REQUEST ONLINE SSN VERIFICATION
-SSNVS The SSN Verification web page enables you to submit up to 10 names and SSNs for verification
Front Cover and obtain immediate results. There is no limit to the number of times the SSN Verification web
ii-Contact. page may be used within a session.
information
The SSN Verification web page contains the following data entry fields:
O- What is
SSNVS and Employer Identification Number (EIN) .- The EIN of the employer under which wages are to be
BSO? reported for the names and SSNs being verified. .
0-b- System • The Employer's EIN field is mandatory.
Reouirements The Employer's EIN must be nine (9) numerical characters only.
�-Security Spaces, alphabetic characters, hyphens, slashes or any other special characters are .not
allowed.
l-SSNVSIBS0
Availability Social Security Number. (SSN)
0-Reoistration . The SSN field is mandatory.
Access to °. The SSN must be nine ,(9) numerical characters only.
SSNVS Spaces, alphabetic characters, hyphens, slashes or- any other special characters are not
allowed.
�Logoinq.into.
SSNVS First Name
►Using -• The First Name field is. mandatory.
SSNVS .• The First Name must be-between one (1) and 10- characters in length.
(Submission If the First Name is. longer than :10 characters, enter the first 10 characters of the_ First Name.
File Format • Enter the First Name using alphabetic characters only.
• Spaces, numbers, hyphens, slashes or any other _special characters. are not allowed:
0- Returned
File Format Middle Name
-SSN :. The Middle Name field is optional:
Verification If entered, the Middle Name. must be between one (1) and seven:(7) characters in length.
1f`theWiddle`Name°is longer- than-. seven. - 7) characters; _enter.. he: first even, (7.)_characters of ,
.Status and the. Middle Naive.
Retrieval " .Enter the Middle Name using alphabetic characters only.
•. Spaces, numbers; hyphens, slashes or any other special characters are not allowed.
Options
0-Status and Last Name
Retrieval
Results- •. The Last Name field is mandatory. .
+ The Last Name must be between one (1) and 13 characters in length.
Page 1 of
http: / /wm.ssa.gov/ employer /s'snvshandbk /usingSSNVS.htm
Social Security Numbe
iii- What to Do
If an SSN
Fails to Verift
lo-Loaging Out
SSNVS
News
Getting Help
Employer
Reporting
Information
0- Maintaining
Your
Registration
Information
0-Glossary of
Terms
Appendix A:
Additional
Verification
Options
r Verification Service (SSNVS) Handboov I using
.• If -the Last Name is longer than 13 characters, enter the first:13 characters of the Last Name.
.• Enter the Last Name using alphabetic characters only.
• Spaces; numbers, hyphens, slashes or any other special characters are not allowed.
Suffix
• The Suffix field is optional.
- -... -If_- entered, the_Suff_ix_ must be Jr Sr, wor a Roman Numeral I through X.
Numbers, hyphens, slashes or any other special characters are not allowed
Date of Birth (DOB)
• The DOB field is optional.
• If entered, the DOB must contain eight (8) digits.
Enter the employee's DOB using the format MMDDYYYY where:
• MM is the month; enter a .value of 01 through. 12.
• DD is the day; enter a value of 01 through 31.
o YYYY is the year; enter the first two (2) digits of the century followed by a value of 00
through 99.
Spaces, letters, hyphens, slashes or any other special characters are not allowed.
The DOB cannot be before 1800 or after the current date.
Gender
• The Gender field is optional.
o F = .Female
o M =Male
NOTE: SSA may not be able to process your request if you enter identical SSNs or
identical First and Last Names multiple times.
The First, Middle and Last Name fields provide links to the help guide for entering complex names.
To access,the SSNVS Help web page, you must be logged 'into SSNVS. The Help button is in the
left -hand corner of each SSNVS web page and.opens in a new browser window.
NOTE If data entry errors are found,; you will be prompted to correct your errors.
UPLOAD AN ELECTRONIC FILE FOR VERIFICATION
SSNVS allows you to request name and SSN verifications via electronic file submissions.
1. The Submit a File for SSN Verification - Before Yo_ u Start web page contains the following
information:
Review your file for correct formatting to ensure that the file is error -free: P properly
formatted file will avoid rejection. See the. Submission File Format section of the
handbook for the correct .file format. -Files containing more. than 100 records . are
scanned for °format errors: lf. more: :than- 50 %.:of.,the .records contain format errors,
the
file is not processed...
o Excel Users
To ensure that your electronic file submission processes successfully, the file
must NOT be in an *.xls format. If you are using Excel, you must save the file-..
in the appropriate format...
http: / /wvvw.ssa ;gov/ employer /ssnvshandblc /using$SNVS.htm
Page 2 of
Social Security Number Veritication service t»rvv» nniiuuuun 1 wanly
To properly save an Excel file for processing:
1. On the File Menu, select Save As.
.2. In the Save As dialog box, select the drop -down box Save as type.
3. Select Formatted text (Space delimited) (*.prn).
4. Insert your filename and click Save.
__Once you have saved your file, check your file against the Submission File Format.
Please ensure that the record' length - -is -130- characters- and-all- fields- are = properly -- ==
placed in their respective positions.
• .Zip your file.if you have over 500 name and SSN verification requests or you have a
slow connection. The transmission time required will be substantially reduced if the file
is zipped (compressed).
When the file is ready for upload, select the Continue button.
2. The Submit a File for SSN Verification - Submit Your File web page contains the following
data entry fields. _
•
Employer's EIN.
The EIN of the employer under which wages are to be reported for the names and
SSNs being verified.
• Select File
o If you know .the name of the file you wish to upload, type the file name in the
Select File data entry field.
or
i
o Select a file from your local or network directory by selecting the Browse button.
When the file submission box appears, select the location and name of the file .
you want to upload. When you select OK and return to Submit a File for SSN
Verification - Submit Your File. web page, the file name is automatically entered
in the Select File data entry field.
o Once the Select File. data entry field is complete, select the Submit button .to
begin uploading your, file. Your file submission: is complete when the. Submit.a.
File for SSN Verification - Confirmation web page is displayed.
o :After the Submit. button has been selected, you will see a dialog box showing
the process of your file being uploaded: When the.file.upload.is complete, you
will receive a pop -up box stating "Your file submission was successful" and a
recommendation to save or print the acknowledgement.
Submission times depend on many factors. SSA allows up to four (4) hours for a single file
submission. If your connection is.lost during file submission, you will have to submit the' file
again.
NOTE: Please do riot exit SSNVS or log out until you receive your confirmation number.
3. The Submit a File`for SSN Verification = Confirmation web .page contains the following
information. .
This Web page acknowledges that your file was received and provides other submitted
http: / /www.ssa.gov /. employer /ssnvshandbk /usingSSNVS.htm
Page 3 of
Social Security Number venncation ]e1V1Le t»wvX nanuuvun I
related information.
Confirmation number, a 16- position alphanumeric number, assigned by SSA, that you
will need to retrieve the results of your submission. Make a note of this number; you
need it to check the status of your file.
• Date of submission,
• Time of submission,,
• Your file name (For information only, not to be used for tracking the status of your
file.),
• File size,
• What you should do next and
• What to expect.
Once a. file is successfully submitted and you have noted its confirmation number, you can process
more files by selecting the Submit Another File button; this returns you to the Submit a File for SSN .
Verification - Submit Your File web page.
Privacy Policy I Website Policies & Other Important Information Site Map Need Larger Text?
http: / /wwW.ssa.gov/ employer /ssnvshandbk /usingSSNVS.htm Page 4 of
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Social Security Online Business Semees QD i ae
www.sociaisecurity.gov BSO lain Menu BSO Information I Contact Us I Keyboard
Navigation I Logout
Social Security Number Verificati ®n System
(SSNVS)
rNS SSNVS Help
SSN Verification
Name: DIANE SCHMITT
Please enter the following information for each employee you would like to verify. Mandatory fields are indicated by an *. Field
specific help is available by selecting the underlined links below.
Please Note:
• All verified, unverified and deceased records will be returned.
• In the event SSNVS may not be able to process your request, you will be given two (2) options:
o Overnight Processing - saves the data you entered to a file for overnight processing and displays a confirmation
number on the Confirmation page that you will need to check the status of your request
o BSO Main Menu - cancels the request and any data you entered on the SSN Verification form is not saved
Employer's EIN _60012........_12 93 The Employer's EIN is the Employer identification Number (EIN) of the
91 employer whose employees' names and SSNs are being verifred. For
_..._._
(e 9 9 9 9 n 9 9 9) security and audit purposes, this information must be provided and will
not be processed without it.
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www.sociaisecuritN.gov BSG Main Menu I BSG Inforrnat.ion Contact Us I Keyboard
Navigation I Logout
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,�►��,,;= Social Security .IIumber Verification System
(SSNVS)
SSNVS Hel
SSN'Verification Results
Employer's EIN: 916001293 Name: DIANE SCHM117
Records Submitted: 1
Verified Records: 1 The following table displays your submitted results. The first column. indicates if the submitted record
verified, failed or employee is deceased. The first five digits of the SSN will be masked for verified
records and records with a verification results code of 2, 3, 4 or 6.
Verify More SSNs
Why Are Some SSNs a Failed - Data does not match Social Security Administration's records. Select What to do if
Masked? an SSN Fails to Verify for more information.
Field Office Locator -
Deceased - Data matches Social Security Administration's records, and our records indicate that
-the person is deceased. For more information, please contact our general SSA information line
at 1 -800- 772 -1213 (TDD/TTY 1- 800 -325 -0778) or your local Social Security field office. Select
Field Office Locator to find the office nearestyou. .
+ Verified - Data.matches Social Security Administration's records.
Date of
Verification
.SSN
First
Middle
Last
Suffix
Birth
Gender
Results
999999999
Name
Name
Name
MMDDYYYY
F/M
Results ,
.Verified XXXXY.� DIANE SCHMITT = 1031 =
USCIS - E- Verify
rat,c 1 Ul J
E- Verify is an Internet -based system -that allows an. employer, using information reported on
an employee's Form I -9, to determine the eligibility of that employee to work in the United
States. For most employers,.the use of E -Verify is voluntary and limited to determining the
employment eligibility of new hires only.
There is no charge to employers to use E- Verify.
The E- Verify system is operated by the U.S. Department of Homeland Security in partnership
with the Social Security Administration.
What's L e
ENerify Civil uhts Ini tiatives
USCIS; Director Alejandro Mayorkas announced. three new, E. Verify civil, rights initiatives:
videos specially designed. for employers and. employees; a dedicated telephone number created
to respond to employee inquiries; and a memorandum of understanding between US CTS and
U.S. `Department of Justice, Civil RightsD�ision. For more.info.= ion, please see the "Civil .
- Rights Initiatives" link under "More` Information" ,ori the right side on this. page.
E- 6fify Evaluation _Sh.oWs gn>�f cant Progress
An evaluation of E- Verify pro gram:performancefoupd that E- Verify has made significant .
progress towards meef -ig its stated goals: reducing the employment of unauthorized workers,
protecting privacy and workers' :civil liberties, reducing discrimination; and preventing undue
burden on employers. View the report by clictcing "Westat Report" in the right side of this
page._
Attention Federal Acquisition egulafio (F)
,contractors
U:S Departinen of Homeland Security is announcing its intent to make information about
businesses available in publicly searchable areas, including the. Internet. In accordance with
the E =Verify Memorandum of Understanding, the following inforrmationabout yourbtisiness
maybe publiclyposted after you register in E- Verify business name (the name. which was
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USCIS E- Verily
used during registration with E= Verify, whether the legal name of the business or individual, a
trade name or abbreviation), contact address that you used when you registered, workforce
size, employee verification (all new hires or entire workforce), and query volume. The release
of this identifying information is .permissible based on terms noted in the E -Verify
Memorandum of Understanding. Please address any questions or comments to E-
V eriA7(a-dhs. aov.
Federal �C®ntract®rs
As of September 8,2009, employers with federal contracts or subcontracts that contain the
Federal Acquisition Regulation. (FAR) E -Verify clause are required to. use E- Verify to
determine the employment eligibility of:
Employees performing direct, substantial work under those federal contracts
New hires organization wide - regardless of whether they are working on a federal
contract' -
A federal contractor or subcontractor who has a contract with. the FAR E- Verify clause also
has the option to verify the company's entire workforce.
For more information concerning FAR E- Verify, click on the "Federal Contractors Required
to Use E- Verify" link in the rigght -hand column on this page.
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Information for Employer,s.and E pl®.yees
Employers must verify that. an individual whom they plan to employ or continue to employ in
the United States is authorized to accept employment in the United States. For more
information about the employment authorization verification process, see the "About Form I -9
and E Verify" link to the-right.
As an. employer, you may require the services, of a- foreign national to work at your company
or business. If the. individual is already a permanent resident (green card holder), you may hire
that_ individual, but you must comply with the employment verification requirements.
If the alien is riot already a permanent resident, you will need to file a petition so. that the
individual may obtain the:. appropriate immigrant or nonimmigrant classification. You.may
chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on,
behalf of that employee. The links to the left provide information on how to petition and the
different eligibility categories.
Employees
No alien may accept employment in the United States unless they have been authorized to do
so. Some aliens, such as those who have been admitted as permanent residents, wanted
asylum or refugee status, or admitted in work- related nonimmid ant classifications, may have
employment authorization as.a direct result oftheir.iminigration status. Other, aliens n#y.need
to :apply individually for employment authorization.
There are many ways in which a person maybe able to .work in the United States. You inay
seek an immigration 'classification that.permits you to live.and work in the United.States
permanently or temporarily. In most instances, your employer or potential employer.must .
petition for you: -Iii the links to your left, you will find more informatior about coming to the
United States to work temporarily or permanently and the many different elio bility categories
for working in the. United States.
Additional Information
General employer`info' dtion: 1- 800 - 357 72,099
-
Last updated: 09%04/2009 .
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` S.. Citizens:
and �Uqr.ation
fian
As an employer, you may need to hire foreign labor when a U.S. citizen is not available. As a.
starting point you will need -to consider whether you wish to petition for permanent residence
(a green card) for your prospective employee to work here permanently or whether you wish
to petition for someone to come temporarily to the United States to -fill an employment need.
Permanent Workers
Foreign workers may obtain permanent residence (a green card) .if they are able to establish
that they have unique skills, or are being offered a job in the'United States that will not
displace a U.S. worker or have an adverse effect on wages and working conditions of U.S.
workers. This determination is made by the Department of Labor and is demonstrated by
obtaining a "labor certification."
Permanent worker visas are broken into five preference categories: For a. description of the
preference categories, see the "Permanent Workers ",link to the left.
Department lof Labor.: Labor Certification
A U.S:, employer who is "sponsoring ",or petitioning for a permanent worker may be required
to obtaffi a labor certification from the Department of Labor.(DOL) verifying that there are an
insufficient number of available, qualified, and willing U.S. workers to fill the position; and
that the employment will not have an adverse effect. on -the wages and working conditions of
similarly situated U.S. workers. For more information, seethe "Permanent Labor
Certification " -link to the right.
Permanent Residence- (a Green Card) Through a Job Offer
For information onhow you can obtain a green card see the ".Green Card Through a Job
- Offer" link`to the fight..
Temporary Workers
There are several e nporary (nonimmigrant) categories which allow a foreignnational to work
irr the United - States. For a list of these nonimmigrant categories of temporary, workers, as' well
as information on the petitioning process, see the °`Information for Employers & Employees"
link to the right:
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USU S,- hmployer _Lmormanon
Department 4 Labor.: Labor Condit-ion Applicati ®n
Some nomminigrant categories require that a U.S. employer obtain a certification of labor
condition application -from the Department of Labor. That application requires the employer
to state ( "attest ") that it will comply.with the following requirements:
• The employer must pay a wage that is no Tess than the wage paid to similarly qualified
workers or, if greater, the prevailing wage for the position in the geographic area.
The employer must provide working conditions that will not adversely affect other
similarly employed workers.
The employer must attest that there is no strike or lockout at the place o_ f business of the
prospective temporary worker.
• The employer must give notice to the bargaining representative or post a notice at the
place of business that a labor condition application has been filed with the DOL.
®vv To Verify Em ployment Eligibility (Form I -9 and E-
Verify)
All U.S. employers must verify the employment eligibility and identity. of all employees hired
-to work in the United States after November 6, .1986 by completing an Employment Eligibility
Verification form (Forms I -9) for all employees, including U.S. citizens. Employers who hire
or continue to employ individuals knowing that they are not authorized to be employed in the
United States may face civil and criminal penalties.
Additional Information'
General employer information: 1- 800 -357 =2099
Last updated: 09/04/2009
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