The Employee Has a DHS Final Nonconfirmation

In this example, the steps required to create a case in E-Verify are outlined following an employee whose information resulted in a DHS Tentative Nonconfirmation (TNC). The employee contests the TNC, and the determination is made that the employee is not eligible for employment. The employer terminates the employee.

For the standalone solution, E-Verify components are centralized in Smart Solutions/E-Verify. The E-Verify tab is accessed by navigation from the PeopleSoft Home Page as shown in the figure below.

Navigation to E-Verify

Form I-9 and E-Verify

The Employment Eligibility Verification Form I-9 is a U.S. Citizenship and Immigration Services (USCIS) form. It is used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States.

In E-Verify, accuracy and completion of Form I-9 by an employee is mandatory. The employer must ensure that the information is completed accurately and must retain the information.

Navigate to the standalone I-9 creation component by clicking Smart E-Verify Configurator, and then clicking Create Smart I-9.

Navigation to Create Smart I-9

The following page, showing the I-9 form, is displayed.

I-9 Section 1 Information Not Yet Completed

Section 1 - Basic Employee Information

The employer should make sure that 'Section 1' of Form I-9 is completed in its entirety with all required details. Fields with an "*" are mandatory to be completed. Fields that do not have an asterisk may be completed, or may be left empty. If the information for these fields is known, it should be entered. Note that clicking or hovering over a "?" will provide additional information about the field. Also note that clicking the "See Instructions" link will display a page from the USCIS with a description of how the form should be completed.

I-9 Section 1 - Basic Information completed

Note that in this example, the employee's Date of Birth is incorrect, and will not match DHS records.

Authorization/Electronic Signature

This is the employee's attestation for Employment Authorization

After completing the fields in Section 1 of the form, click CONTINUE>>>> to attest that the information is correct, and electronically sign the form. The following page is displayed.

Employee Electronic Signature

Click I Agree. Then click Sign and Continue to electronically sign the form.

Employee Signature

Attach Documents

Documents can be attached by the employee or employer while completing Section 1 information, or they can be attached by the employer later, when completing Section 2 information. In this example, the employee attaches the documents (a copy of his Driver's License and his Social Security card) at this point in the process.

Attach Icon

Click the Attach icon at the top left of the page.

Add Attachment - Step 1

Click Add.

Add Attachment - Step 2

Click Choose File.

Add Attachment - Step 3

Navigate to the file that you would like to attach, click the file name, then click Open.

Add Attachment - Step 4

Click Upload.

Add Attachment - Step 5

Click Categorize.

Add Attachment - Step 6

Choose the correct category from the Categorize drop-down list. Click Add to add the second document, and repeat the process, selecting the second document and specifying the corresponding category.

Documents Added

Click OK to save the attachments and go back to the I-9 Form.

Acknowledge and Assign the I-9 ID number

Electronic Acknowledgement

To electronically acknowledge and submit the completed Section 1 of Form I-9 for E-Verification, click the Electronic Acknowledgement button.

The I-9 ID number is generated. This number is unique, to distinguish E-Verify cases from each other.

I-9 ID Assigned

Completing Section 2

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee's date of hire (the hire date represents the first day of work). To complete Section 2, first examine the documents presented by the employee that establish his or her identity and employment authorization.

Navigate to the I-9 E-Verify Console

To review the data that was entered by (or for) an employee on Form I-9, the employer needs to navigate to the I-9 E-Verify Console and ensure the accuracy of the data and the attached supportive documents.

Navigate to the standalone I-9 E-Verify Console component by clicking Smart E-Verify Configurator, and then clicking I-9 E-Verify Console.

I-9 Console

Search and Select I-9 ID

In this example, the I-9 ID is used for the search.

Fill in the I-9 ID, then click Search.

Click the I-9 ID hyperlink (in the summary area).

Check I-9 Information – Switch View

The I-9 form is displayed.

I-9 Information Displayed

The Section 1 information has been completed. The employer will now specify which required documents the employee has presented and that he has reviewed.

The user can click on Switch View to display the form in different ways and proceed to different points in the Section 2 entry process. Different views that can be selected are:

• Employee View – Only Section 1 information is displayed and it cannot be edited.
• Edit Section 1 – Only Section 1 information is displayed and it can be edited.
• Awaiting Section 2 –The Section 1 information is display only. Section 2 information can be entered by clicking Click Here.
• Section 2 Document Selection – The user is taken to a page where he can specify if the employee presented List A or List B and C documents.
• Doc Selection Expert View – The user is taken to a page where he can specify if the employee presented List A or List B and C documents, and which specific documents were presented.

In this example, we change to use the Sec2 Document Selection view. Click in the Switch View box and choose Sec2 Document Selection from the drop-down list.

Switch View

Scroll down the page to see the Section 2 part of the form.

Supporting Documents

Click Click Here to enter information about the supporting documents.

Supporting Documents Submitted by Employee

Supporting Documents submitted by the employee are used to determine (or support) two factors - employee identity and employee employment eligibility.

Some documentation establishes both identity and employment eligibility (List A). Other documentation establishes identity only (List B) or employment eligibility only (List C). Employers may accept one document from List A, or a combination of one document from List B and one document from List C.

Any 'List B' document presented to employers participating in E-Verify MUST contain a photo.

List B and List C

For the current example, select List B and List C.

Click Next.

List B and List C Document Types

Select the appropriate and valid document type from each list and then click Next.

Validity of Supporting Documents

Once the type of Supporting Document(s) is selected, the validity of the supporting document(s) is checked. In a later stage of the process, this check includes matching against the records in SSA and DHS systems.

List B Document Name and State

Select the Document Name and the Document State from the drop-down list.

Click Next.

Document Numbers and Expiration Dates

In Document Type, enter the List B Document Number and Doc Exp Date, if any. The same applies for the List C document. In this case, the Social Security Card does not expire, so that date is left blank.

Click Next.

Attestation and Hire Date

The employer must attest and certify the truthfulness and validity of the data in the documents provided by the employee, to authorize employment in the U.S.

Issuing Authorities and Hire Date

Enter the Issuing Authority of List B Document Type and the Issuing Authority of List C Document Type.

Enter the employee's Hire Date. Hire Date is important and is required, as the employer should refer the employee's case to SSA and DHS for verification within three working days of the employee's 'Hire Date'. 'Hire Date' is the employee's first day of employment.

Click Save.

A message indicating that the I-9 information was saved successfully is displayed.

OK

Click OK.

Print I-9 Form

At any point in the process, you can print a copy of the I-9 form with the information that has been entered up to that point.

Signed Form Icon

Click the Signed Form icon. A new tab opens with a PDF file containing form I-9.

Return

Click Return.

Employer Electronic Signature

Click Continue. A popup window displays.

Employer Electronic Signature

Click I Agree, then click Sign and Continue.

Initiate E-Verify

Once all the data and documents of the employee have been reviewed, validated and attested by the employer, the E-Verify process can be initiated. The employee case is submitted by the employer to the SSA and/or DHS system for verification.

Initiate E-Verify

Click Initiate E-Verify to initiate the I-9 verification process.

Initial Case Results

In this example, the employee's Driver's License number and Date of Birth did not match the DHS records. The employer is asked to re-examine the documents, change the information if necessary, and resubmit (reverify). In this example, the employer resubmits without changing any information.

DHS Reverify

In this example, do not change the Document Number or Date of Birth. In production, if either of these were incorrect, you would change it before reverifying. Click Reverify.

In this example, the employee's driver's license number and date of birth did not match the DHS records after reverification. This resulted in a DHS Tentative Nonconfirmation Notice (TNC).

DHS TNC

Employee TNC Email

When the SSA or DHS creates a TNC, the E-Verify process sends an email to the employee advising them that this has been completed, and their options for moving their verification process forward. Below is an example of an email that was sent.

Employee TNC Email

Print the Further Action Notice

The next step in the process is to print the SSA Further Action Notice (FAN), so it can be available when discussing the employee's options.

Print Notice

Click Print Notice.

Further Action Notice

Discuss the TNC with the Employee and Confirm Employee Notification

The next step in the process is to discuss the TNC with the employee and make sure he understands his options.

Confirm Employee Notification

After this discussion has been completed, click Confirm Employee Notification.

Click Next.

Contest TNC

In this example, the employee chose to contest the TNC.

Contest TNC

Refer Employee Case

In this example, the employee chose to contest the TNC. The case is referred to DHS.

Refer Case

Click Refer Case.

Employee Referral Email

In this example, the employee was referred to DHS. An email is sent to the employee advising him of what he must do. An example of this email is shown below.

Employee Referral Email

Print Referral Notice

The employer should print the referral notice.

Print Referral Notice

Click Print Notice.

Referral Notice

Check Status with DHS

In this example, the employer should check the E-Verify site for case updates. Note that only after the case status changes, and the Case Polling batch process (see Chapter 4.3) is run, the new case status will be reflected in the system.

DHS Advises Final Nonconfirmation

In this example, after the employee contacted the DHS, it was found that his documents did not make him eligible to be employed. The DHS returned a Final Nonconfirmation.

Final Nonconfirmation

Click Close Case.

Employee's Employment Status

In this example, the employer terminated the employee.

Employee Status

Click No, then click Next.

Close Case

Case Close Reason

Choose the appropriate reason, then click Submit Case Close Reason.

Case Closed

This indicates that the employee case which has been in the E-Verify process is closed. The case number is displayed for the reference of the employer.