Articles Posted in E-Verify

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On December 8, 2013, E-Verify will release new and revised Memorandums of Understanding (MOUs). These MOUs have two primary enhancements: (1) they are tailored to each access method and (2) they are easier to read and understand.

There will now be a total of six MOUs. The three standard MOUs for E-Verify browser users have been retitled and revised-these are for the access methods for Employer, E-Verify Employer Agent, and Corporate Administrator. The fourth existing access method for Web Services has been expanded into three new MOUs for Web Services users and developers.

The purpose of each MOU is to set forth the points of the contractual agreement between the Department of Homeland Security and the Employer regarding the Employer’s participation in the E-Verify program. Each MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration, and the Employer.

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One of the key responsibilities of an employer during I-9 and E-Verify employment eligibility verification is to avoid discrimination. The anti-discrimination provisions of the Immigration and Nationality Act (INA) §274B, 8 U.S.C. §1324b, prohibit four types of conduct:

(1) Citizenship or immigration status discrimination (actual or perceived)

(2) National origin discrimination (actual or perceived)

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On November 18, 2013, USCIS announced a new safeguard to protect against identity fraud in E-Verify. Taking a cue from successful safeguards established in the credit card industry, E-Verify can now lock social security numbers (SSNs) that appear to have been fraudulently used. Like credit cards, fraudulent use of SSNs often occurs when an SSN was stolen, borrowed, or purchased from another individual; if an SSN is misused, it is possible that the same SSN will be misused again. By locking an SSN, USCIS can protect against further potential misuse within the E-Verify system.

USCIS states that E-Verify will use a combination of algorithms, detection reports, and analysis to identify patterns of fraudulent SSN use. Thus far, USCIS has not provided any more details on the standard, procedures, and methods it will use in its determination to lock an SSN.

statue-of-liberty-2-1420901-m.jpgIf a previously locked SSN is entered into E-Verify, a Tentative Non-Confirmation (TNC) will be generated. Just like with any TNC, the employee will be given the opportunity to contest the finding at a local Social Security Administration (SSA) field office. If an SSA field officer confirms the employee’s identity correctly matches the SSN, the TNC will convert to “Employment Authorized” status in E-Verify.

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