I-9 and E-Verify

Every new employee must present documents verifying eligibility to work within the first three days of employment. The employer must examine the documents and record the information on the I-9 form.

The form itself is short and not complicated. However, current law allows employees to present a wide variety of documents to prove employment eligibility. To assist you in recognizing these documents presented we have organized a section on Frequently Asked Questions, a general tutorial, and a matrix of various visa types.

To see a copy of the government's official I-9 Handbook, please click here.

Frequently Asked Questions can help answer general questions on the I-9 and specific processes for the University

If after reviewing the Frequently Asked Questions, the tutorial, and the matrix of visa types, you still have questions please contact the International Employment Manager, 919-515-4518.

Remote Hires

When a new employee is hired in another state and will be employed in that state, an I-9 may be completed by a notary or other authorized person as designated by Human Resources. The I-9 should be completed using the Offsite New Hire Instructions and Form. Once the I-9 is completed, the new employee should send it to the International Employment Office.

As a general reminder:

  • All original I-9 forms for Permanent, Temporary or Graduate employees must be sent to HRIM, at campus box 7210.
  • Please do NOT make copies of supporting document that new employees present for completion of Section 2 of the I-9 form, with the exception of a U.S. Passport/Passport Card; Permanent Resident Card, and Employment Authorization Document (EAD card). Please do make a copy of any of these three documents IF presented to complete the I-9 form, and attach those copies behind the I-9 form before it is sent to HRIM.
  • All documents presented as List B identity documents must contain a photograph, as required by the E-Verify program.

 

E-Verify

On January 1, 2007, the State of North Carolina mandated that all state agencies, including its public universities and community colleges, use the E-Verify system. 

The E-Verify System

E-Verify is a free, Internet-based system operated by the US Citizenship and Immigration Service (USCIS), which is a part of Department of Homeland Security (DHS).  E-Verify electronically compares information contained on the Form I-9 with records contained in the Social Security Administration (SSA) and DHS databases to help employers verify the identity and employment eligibility of newly hired employees.  An E-Verify query must be made for all new hires at the University, and cannot be used to selectively input some new hires but not others.

The E-Verify system also does not replace the requirement of employers to complete an I-9 form for all new employees within three days of hire. 

The E-Verify system requires that (a) the I-9 form be completed first, and retained according to specific retention rules, and (b) the information from the I-9 form be entered into the E-Verify system to confirm the person’s identity and employment eligibility.

NC State Access to E-Verify

After NC State University registered online to gain access to E-Verify, we reviewed and signed a Memorandum of Understanding (MOU) that provides the terms of agreement between NC State, SSA, and DHS.   At NC State we have only one MOU, but we have many users in departments (including off-campus locations) who complete I-9 forms and access E-Verify.  

Once we registered and signed the MOU, we designated key personnel contacts in each of our colleges and major divisions as Program Administrators to facilitate proper access and user updates.  Program Administrators can create user accounts for new General Users, as well as view reports, perform queries, update profile information, and unlock user accounts. 

All system users must complete free, online tutorials on the E-Verify website.  They should also review the User Manual and MOU, which are also available on the website.  The tutorial explains the E-Verify process in great detail, and provides step-by-step examples of how to successfully enter a query.  Once a user has completed the online tutorial, s/he may begin entering data from I-9 forms into the system to verify employment eligibility.  We can have an unlimited number of “General Users” across campus who enter queries into the system. 

E-Verify Queries

We must initiate an E-Verify query no later than the end of three business days after the new hire’s actual start date, and after the I-9 form has been completed by both the new employee and the department or college personnel representative. 

  • The E-Verify system also requires that the new hire have a valid Social Security Number (SSN).
  • If the new employee does not yet have a SSN, the employer should wait to run the E-Verify query until that employee has received a SSN. 

The I-9 form itself must still be completed within three days of hire, and a notation should be made to explain why the E-Verify query was not run within three days of hire. 

To support the General Users and Program Administrators across campus, International Employment (IE) offers periodic training on I-9 and E-Verify processes, to refresh and update information as necessary for our “long time” users of the system, and also to provide training to new people who become responsible for these processes. 

Confirmations and Nonconfirmations

In the vast majority of cases, the E-Verify system returns a virtually instantaneous result of “Employment Authorized.”  If the result is “SSA tentative nonconfirmation,” “DHS verification in process,” or “DHS tentative nonconfirmation,” IE provides information to campus users on what to do in those situations.  IE directly handles all DHS tentative nonconfirmations, and works individually with the affected employee to resolve those issues.   

“SSA tentative non-confirmations” affect both U.S. citizens/permanent residents as well as foreign nationals.  This is typically because of typos or misinformation keyed into the system at some point in the SSN application process.  This type of nonconfirmation generally involves the new employee directly calling or visiting a local SSA office individually.  

Foreign Nationals

NC State experiences hundreds of nonconfirmations at the start of each semester when foreign faculty and students are beginning on-campus assistantships or other employment.  IE calls the special DHS number with the affected foreign national employee about his/her particular situation, to try to get the issue resolved so that the system will return a result of “employment authorized.”  “DHS verifications in progress” and “DHS tentative non-confirmations” impact foreign national employees almost exclusively. 

The issue resolution process is also time-sensitive, since E-Verify rules require that a resolution for a tentative nonconfirmation be initiated within eight (8) federal government workdays of when the employee is notified about the nonconfirmation.  The issue does not have to be fully resolved within the 8 days, but action to contact the SSA or DHS to initiate a resolution must take place during this period.  While the resolution process is pending, NC State may not take any action against the employee (i.e. not to terminate the person) until the matter is resolved.

Interactions between E-Verify and the SEVIS System

In addition, with regard to foreign student employees, departments will sometimes process a foreign student’s employment paperwork before the federal SEVIS system has been updated to reflect that the student has officially checked in at NC State to begin studies.  The Office of International Services at NC State is responsible for updating the SEVIS system, and needs to see the foreign national student in its office before SEVIS can be appropriately updated.

If the SEVIS system is not properly updated, then the E-Verify system, which extracts some of its information from SEVIS, will automatically return a “DHS verification in progress” response.  This will change to a “DHS tentative nonconfirmation” response within 24 hours.  The only way to resolve this issue is for the foreign student to immediately check in with OIS when s/he arrives on campus, so that SEVIS can be updated.  The foreign national will still ultimately need to make an appointment with IE to call the special DHS number, but it will not be possible to get the necessary “employment authorized” result without the person first having checked in with OIS.

GENERAL FAQs

1. How does an organization register for participation in E-Verify?

You can register for E-Verify at https://e-verify.uscis.gov/enroll/StartPage.phpx?JS=YES, which provides instructions for completing the registration process. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you the employer, the SSA, and USCIS. An employee who has signatory authority for the employer can sign the MOU.

2. How should multiple hiring sites register?

Each site that will perform the employment verifications must go through the registration process and sign an individual MOU.

3. Can one site verify all new hires across all sites on campus?

Yes, one site may verify new hires at all sites.  When registering, the individual at that site should select “multiple site registration” and give the number of sites per state it will be verifying.

4. After an employer registers, how does E-Verify work?

Using an automated system, the process involves verification checks of SSA and DHS databases.  The E-Verify MOU, User Manual, and Tutorial contain instructions and other information on procedures and requirements.  Once the user has completed the tutorial, s/he may immediately begin using the system

5. When does an employer initiate an E-Verify query?

The earliest an employer may initiate a query is after the employee accepts employment and after the I-9 form has been completed.  The employer must initiate the query no later than the end of three (3) business days after the actual start date. However, if the employee does not have a valid SSN, the employer must wait until the employee has a valid SSN before entering the query into the system. The employer may not pre-screen applicants using E-Verify, and may not re-verify employees who have temporary work authorization.

6. What information is required to conduct a verification of a new employee?

The employer must submit a query that includes information from Sections 1 and 2 of the I-9 form, including: employee’s name and date of birth; social security number; citizenship status attested to; an A number or I-94 number if applicable; type of document(s) provided on the I-9 form to establish work authorization; and proof of identity and its expiration date, if applicable.  The E-Verify system will respond to the initial query within seconds.  Please note that the identification documents presented for I-9 purposes must contain a photograph.

7. Which employees should be verified through the E-Verify system?

Employers are required to verify all new hires, both U.S. citizens and non-citizens.  Employers may not verify selectively and must verify all new hires while participating in the program.  This includes all students and temps on your payroll, not just full time faculty and staff.  

8. Does E-Verify certify the immigration status of a new hire who is not a U.S. citizen?

No, E-Verify only confirms a new hire’s employment eligibility, not his or her immigration status.

9. What should you do if your new employee does not have a Social Security Number (SSN)?

The E-Verify system requires that the new employee have a valid SSN, and there are no exceptions.   

If your employee does not yet have an SSN, you should complete the I-9 process as required and then wait until he/she obtains a SSN before running the E-Verify query.  You should note on the I-9 form why you have not yet run the E-Verify query, and your employee should be instructed to provide you with the new SSN as soon as possible.  In the meantime, because you will have completed the I-9 process with that new employee to verify work authorization, your employee is allowed to work temporarily without the SSN or the E-Verify system result.

10. Does participation in E-Verify provide a “safe harbor” from worksite immigration enforcement actions?

No; however, an employer who verifies work authorization using E-Verify is presumed to not have knowingly hired an unauthorized worker.

11. What documentation do you need to keep to indicate that you initiated a query in E-Verify for a new hire?

If employment is authorized by the E-Verify system, you should either make a notation of the E-Verify Case Verification Number on the I-9 form, or print out and attach the case details sheet to the I-9 form.  At NC State University, we require the General Users print out the case details sheet and attach it to the I-9 form. If employment is not immediately authorized, you should inform the new employee about the non-confirmation and explain the next steps to be taken to resolve the situation.

12. Does E-Verify require that you make copies of documents presented for I-9 purposes?

The E-Verify system requires employers to make and attach copies of U.S. Passports or U.S. Passport Cards, Permanent Resident Cards and Employment Authorization Cards but only if they are presented by the new employee as their freely chosen documents for completion of Section 2 of the I-9 form.  E-Verify does not require that copies of any other documents be made or kept.  NC State policy is to not copy or attach documents presented for I-9 purposes, with the two exceptions noted above.

13. Once you receive the “employment authorized” message in E-Verify, how do you actually exit the query?

The General User should click on the “Close Case” button, and then answer the two questions to fully close out the case.  The case remains pending in the system until it is officially closed.  Once employment is authorized, no further action is required, so the case can be closed.

14. What do you do when the employee’s case receives a “SSA tentative nonconfirmation” result?

When an employee’s case receives a ‘SSA tentative nonconfirmation’ result, print out the tentative nonconfirmation notice and provide it to the employee. The employee will check on the notice that he/she will either “contest” or “not contest” the nonconfirmation and then should sign the notice. If the employee chooses to “not contest” the nonconfirmation, then it automatically becomes a final nonconfirmation and you should terminate that employee. If the employee chooses to “contest” the tentative nonconfirmation, the General User should click on the “initiate SSA referral” button to print out the Social Security Administration referral letter for the employee to sign.  The employee should take that letter to the nearest Social Security Administration office within eight (8) federal government workdays and someone from the SSA will sign the referral letter and initiate resolution of the case in the E-Verify system.  The employer needs to see electronic or written confirmation that the discrepancy has been resolved and that employment is now authorized in the system.

15. What do you do when the employee’s case receives a “DHS tentative nonconfirmation” result in the system?

When an employee receives a ‘DHS tentative nonconfirmation’ result, the system user should print out the tentative nonconfirmation notice and provide it to the employee. The employee should check that he/she will “contest” the nonconfirmation and sign the form. The employee should be given the DHS referral letter (which is printed out from the system) and be informed to contact, within eight (8) federal government workdays, either the appropriate Program Administrator for additional assistance in resolving the issue with DHS or DHS directly to resolve his/her case.  At NC State, the General User can refer the employee to International Employment immediately, and we will handle all parts of the process, including printing and providing the tentative nonconfirmation notice to the employee, and calling the special DHS number with the employee to get the DHS tentative noncofirmation resolved.

16. If a foreign national -- or a nationalized U.S. citizen -- has a one-word legal name (so, not a “first” name + “last” name), how do you enter it into the E-Verify system?

When the employee only has one legal name, enter “unknown” into the ‘first name’ block, and the one legal name into the ‘last name’ block.  If the employee only has one initial for a first name, enter a period after the initial in the ‘first name’ block.

17. Has the SSA or DHS ever modified, evaluated or improved the E-Verify system?

Yes, the E-Verify system has been revised and improved several times. The E-Verify tutorial and training program have been reformulated to address issues such as H-1B portability, automatic extensions of work authorizations for certain nonimmigrants, refugees with unlimited right to work, etc.  Although the data entry requirements of E-Verify will not change, additional employer tutorials and FAQs will be developed and offered through the website.

18. How can I find out more information about E-Verify?

To find out more information about the E-Verify system at NC State University, please contact the International Employment Manager.  The government website is www.dhs.gov/e-verify and the dedicated E-Verify Customer Service number is 1-888-464-4218.