Human Resource Services
E-Verify |
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On September 8, 2009, Executive Order 13465 signed by President Bush went into effect. All federal contractors, including higher education institutions, who receive federal contracts that include the E-Verify clause are now required to verify all new hires and existing employees on federal contracts via E-Verify.
E-Verify checks this information provided on an employee's I-9 form electronically against records contained in DHS and Social Security Administration (SSA) databases.
It is unlawful to use E-Verify as a screening tool prior to offering the position to applicants. Verification is only performed on a new hire who has accepted an offer of employment and completed an I-9 form.
Section 1 of the I-9 form must be completed on or before the employee’s first day of employment, and the remainder of the I-9 form must be completed within three business days of the employee’s start date. If the I-9 is not completed within the three-day time frame, federal statute requires the employee be terminated from employment with the University of Florida.
Initiation
The new hire information must be entered into ePAF within three business days of the employee’s start date. Hiring administrators are advised to obtain all completed hire paperwork and enter new-hire information into ePAF prior to the start date. Once information is entered into ePAF, the system will automatically submit the appropriate information to E-Verify. Please note that the ePAF does not need to be approved by Level 1 or the core office before this action takes place.
All newly hired UF employees require an E-Verify check, including Academic Personnel, TEAMS/USPS, OPS, student assistants, federal work study, and lump sum payment hires. The only exceptions are courtesy and ISCR appointments.
By law, employees may only be verified once via E-Verify unless there is a break in service. Employees moving from one department to another do not need an E-Verify check again unless there is break in service before starting in the new department. Active UF employees who are receiving lump-sum payments will not need to be verified.
Administration
Based on feedback from USCIS and other universities, approximately 95% of inquiries are anticipated to return as “employment authorized.” This denotes an employee is authorized to work and no further action is required. Approximately 5% will receive “Tentative Non-Confirmation,” which will require the employee to contact the appropriate agency – the Social Security Administration or the Department of Homeland Security – to resolve the non-confirmation in employment authorization.
If an employee receives a tentative non-confirmation, Human Resource Services will contact both the department and the employee to discuss the steps to resolve the issues within the federal guidelines. An employee has eight federal workdays to contact the appropriate federal agency; however, during this time, this employee may not be terminated or prohibited from working. If an employee does not contest or does not contact the appropriate agency, the employee will be terminated in accordance with E-Verify rules and regulations.
Once a final disposition is issued by USCIS, authorized or not-authorized, Recruitment and Staffing will contact both the employee and the hiring department. Please note that incorrect e-PAF entries, especially Social Security numbers, may result in an increase of “tentative non-confirmation” cases.
Frequently Asked Questions
Who is covered under E-Verify?
All University of Florida paid employees including Academic Personnel, TEAMS, USPS, OPS, OPS lump-sum payment hires, and student assistants. Only Courtesy and ISCR appointments are exempt.
How often are they verified?
Only new hires and rehires will undergo an E-Verify check.
How do I “E-Verify” check an employee?
After the employee signs the I-9 and all appropriate new-hire forms, submit new-hire information via ePAF. Once new-hire information is submitted through ePAF, an inquiry is automatically submitted to the USCIS for E-Verify to check. All “Tentative Non-Confirmation,” will be handled by HRS Recruitment & Staffing in partnership with the hiring department.
Can I enter the information before the employee starts?
Yes. You can enter the information into ePAF once the I-9 has been signed. It must be entered no later than three days after the employee’s start date.
Do I have to verify an employee if he or she has been E-Verify checked by another department?
An employee who moves from one department to another department will not need to be checked via E-Verify again unless there is a one or more workday gap when moving from one department to another.
Do faculty and staff who are on leave of absence need to be verified again when return from leave?
No. E-Verify is only done on new hires or rehires.
Do faculty and staff on short work break need to be verified again prior to return?
No. E-Verify is only done on new hire or rehires.
How do I handle non-resident aliens who do not have Social Security numbers?
When hiring a foreign national, he or she may not have a Social Security number. Once the foreign national receives his or her Social Security number from the Social Security Administration, he or she needs to be E-Verify checked. If an ePAF has not been generated for this foreign national, submit the new-hire ePAF as normal and the system will automatically verify against the USCIS databases. If an ePAF has been generated (foreign national received a temporary tax identification number), then you will need to initiate the inquiry through Recruitment and Staffing.
What is tentative non-confirmation?
This indicates that the employee information submitted to USCIS does not match against USCIS’s records. When this response is received from USCIS, a member from Recruitment & Staffing, working with the hiring department, will review the information with the employee. After that time, the employee will need to contact the appropriate agency – Social Security Administration or Department of Homeland Security – to remedy the discrepancy with eight federal workdays.
What do I do if there is a tentative non-confirmation?
In addition to contacting the employee, the department will continue with the hire or allow the employee to continue working. Recruitment and Staffing will contact the hiring department with the final outcome. As for the employee, you will need to decide to either contest or no-contest the response from USCIS. If the employee does not contest or contact the appropriate agency, then the employee will be terminated in accordance with E-Verify.