E-Verify’s new enhancement allows direct email notification to employees of a mismatch of I-9 verification data

In the past we published articles (herehere and here) on new version of USCIS Form I-9, Employment Eligibility Verification. The employers must use the new Form I-9 beginning from May 7, 2013. The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States, this includes citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers, such as authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Recently USCIS enhanced E-Verify system’s customer service. This enhancement affords employees the option of being directly notified if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized. This is because of the latest improvement to E-Verify which allows employees to be directly notified by email of a Tentative Non-confirmation (TNC). TNCs occur when the information an employer provides to E-Verify about an employee does not match data found in either U.S. Department of Homeland Security or Social Security Administration records. To date, employees learned of TNCs only through their employers. Now, if an employee voluntarily provides his or her email address on the new Form I-9, the employee will be notified by USCIS directly through that email address. Providing an employee’s e-mail address is strictly voluntary and employers are still required to notify employees when there is a mismatch of information.

If your company or your employers need further information about the news changes to the Form I-9 and the E-verify enhancements please feel contact our office so that we could guide you through the process.