I-9/E-Verify

By: Dave Fowler

On November 19, 2009 I attended a DHS symposium in D.C. with about 120 other attendees. The purpose of the symposium was for DHS Secretary Janet Napolitano, along with John Morton, Assistant Secretary of ICE, and Alejandro Mayorkas, Director of USCIS, to announce the new 'I E-Verify' program and to provide updates on immigration-related topics including enforcement efforts and the Form I-9 and E-Verify. Below is the new 'I E-Verify' logo to be used by emloyers to let consumers know that the company uses E-Verify to ensure a legal workforce. DHS considers the 'I E-Verify' program to be good business.

A public service announcement promoting the 'I E-Verify' campaign was also shown.

USCIS provided the following statistics regarding E-Verify and the FAR rule:

• There are currently 170,000 companies enrolled in E-Verify.
• Nearly 2,000 companies per week are enrolling in E-Verify. (Most of this increase is attributed to the FAR rule that requires federal contractors to use E-Verify.)
• To date 9,000 federal contracts have been issued with the FAR E-Verify clause, which represents 1,800 federal contractors.
• E-Verify has processed 8.5 million queries in FY2009.
• 96.9% of E-Verify queries are confirmed as employment authorized.
• 2.8% of E-Verify queries are not confirmed as employment authorized.
• .3% of Tentative Nonconfirmation queries are untimately confirmed as employment authorized.

In 2010, E-Verify will begin verifying companies enrolling in E-Verify and near the end of 2010 E-Verify should be adding passport photographs to the Photo Tool. The Photo Tool will become available to E-Verify service providers (i.e., Designated Agents) by the end of 2009. DAs will have 6 months to implement the Photo Tool.

The USCIS Compliance, Tracking, and Monitoring group, CTMS, will monitor such E-Verify behavior such as:

• The same SSN being submitted multiple times in E-Verify (this may indicate identity fraud/theft)
• No referrals being processed for Tentative Nonconfirmations (this may indicate pre-screening)
• E-Verify queries being initiated more than 3 days after the employment date

USCIS will send letters to employers when such behavior is detected. Through Q4 of FY2009 USCIS has sent 1,000 such letters.

In Spring 2010 USCIS anticipates providing duplicate SSN detection on the E-Verify website.

In Summer 2010 USCIS anticipates rolling out a new user interface for the E-Verify website and will add features such as reverification notices to employers.

There was spirited discussion throughout the afternoon between the presenters and attendees. Some of the other points of interest that came out during the discussions included:

• 16% of E-Verify users did not complete the tutorial (password sharing)
• 16% of E-Verify users pre-screen applicants (illegal activity)
• 20% of employers took adverse action on a Tentative Nonconfirmation (TNC)
• 9% of employers don't give the TNC notice to the employee
• 7% of employers encourage employee not to contest a TNC
• SSA can put an E-Verify case in continuance for up to 120 days (new information)
• ICE has 26 Special Agent offices in the U.S.
• 85 employers are currently in the IMAGE program
• ICE sent 654 Notices of Inspection (NOI) in July 2009
  • 326 employers are in compliance
  • 61 employers received a Notice of intent to Fine (NOF) totalling more than $2 million
  • 200 employer cases are pending
• ICE is sending 1,000 more NOIs on businesses in the following categories (categories are further defined in the Homeland Security Act):
  • Critical infrastructure
  • Key resources
• There are very few cases of ICE penalizing an employer over document fraud
• ICE will re-inspect employers after an audit to confirm behavior correction

The PowerPoints from the symposium will be posted on www.dhs.gov/e-verify.

HAPPY THANKSGIVING!!!