E-Verify

On March 21, 2011, Governor McDonnell ordered that all executive branch state agencies (including the University) implement the federal E-Verify system by June 1, 2011, a full 18 months ahead of the deadline of Dec. 1, 2012 mandated by the General Assembly during the 2010 session.

E-Verify, operated by the Department of Homeland Security in partnership with the Social Security Administration, is an online system that verifies employment eligibility based upon immigration status for all new hires by comparing information from an employee's Form I-9 (Employment Eligibility Verification), to data from U.S Department of Homeland Security and Social Security Administration records.

E-Verify supplements (rather than replaces) the I-9. E-Verify queries are submitted only after a newly hired employee’s I-9 is completed using the University’s I-9 Online system. However, E-Verify queries can be submitted through I-9 Online when completing and submitting the electronic I-9 form. U.Va department with certain Federal contracts (FARS) are already participating in the E-Verify program. Federal regulations governing these contacts require employers to conduct E-Verify searches on all employees (currently employed as well as newly-hired). Assigned to work under such federal contracts. HRCIS will continue to perform E-Verify searches on currently-employed employees assigned to work under FARS contracts. In most cases, E-Verify will instantly verify the employee's work authorization. Sometimes, however, E-Verify cannot immediately confirm the employee's work authorization and may require the employer or the employee to take action. While HR Compliance and Immigration will receive and coordinate responses from the E-verify system, departments are responsible for contacting employees needing to communicate with government agencies to resolve any issues.

It is very important to note:

• The University may only check E-Verify after employees have been offered and have accepted a job, and have completed the Form I-9.
• The University may not use E-Verify on applicants (i.e., pre-screening through E-Verify before hiring), and may not use E-Verify selectively to verify some employees and not others.
• The University may only check employment eligibility in E-Verify if a person is hired for a new job and not for current U.Va employees.
• The University must use E-Verify for all new employees regardless of national origin or citizenship status.
• The University may not use E-Verify to discriminate against employees based upon national origin or citizenship status or for other unlawful reasons, including retaliation for filing EEO complaints, membership in a union, etc.

What does this mean for I-9 Specialists?

• Ensure all document numbers and expiration dates are correct. If unsure, please call or e-mail Christine Langford to verify. Entering an incorrect number or expiration date can trigger a “Tentative Non-Confirmation”.

• Ensure all I-9’s are completed within the time requirements. If I-9 is not completed in the appropriate time, a note must be attached to explain why. An I-9 being out of compliance with the 1 day/3 day can trigger an audit. Please be aware that if audited, the University can be subject to fines/penalties.

• All List A and List B documents must contain a photograph.

• If employee presents a “Permanent Resident” card, “Employment Authorization” card, or a "U.S. passport", a copy of the card must be attached to the I-9.

Possible E-Verify Results

1. Employment Authorized

   All information has passed the E-verify process.

2. SSA Tentative Nonconfirmation

   The information on the employee's I-9 did not match the information on file at the Social Security Administration (SSA). This does NOT mean that the employee is not authorized to work.

3. DHS Tentative Nonconfirmation

   This means that the Department of Homeland Security could not verify employment eligibility. This does NOT mean that the employee is not authorized to work.

4. Photo Matching

   This means that the employee used a U.S. Passport, Lawful Permanent Resident card (I-551) or a EAD card (I-766, Employment Authorized card). The photo on the document must match the photo that is in the E-verify database. More information regarding Photo Matching - Everify

All results, other than "Employment Authorized", will be handled by HR-CIS, in conjuction with the employee's I-9 Specialist.

Any questions should be directed to HR Compliance and Immigration Services at (434) 924-4393.