A new order was issued by Governor Rick Perry in regards to E-Verify on December 3rd. In that order, Governor Perry directs all state agencies to use the Department of Homeland Security’s E-Verify system to verify the eligibility of their existing employees to work in the United States. In addition, the order directs all state agencies to include in their contracts a requirement that contractors use E-Verify for similar purposes. The E-Verify requirements are in addition to the current requirements governing the Employment Eligibility Verification Form (Form I-9) procedures, and are not a substitute. E-Verify electronically compares information contained on the Form I-9 with records contained in the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases to verify the identity and employment eligibility of employees working on federal government contracts and subcontracts.
E-Verify implements the legal requirements in the Illegal Immigration Reform and Immigrant Responsibility Act by allowing any U.S. employer to verify the employment eligibility of all its newly hired employees. The E-Verify system is operated by the United States Citizenship and Immigration Service (USCIS) through the Social Security Administration (SSA) and Department of Homeland Security (DHS). Executive Order #13465 dated June 6, 2008, was issued and became effective September 8, 2009. This executive order instructs federal agencies to require federal contractors to participate in E-Verify. Federal contractors risk debarment from future federal contracts if it does not comply with E-Verify.
A. At the time a Covered Federal Contract/Subcontract is received by the University, the “First Alert” form is to be completed by the Research Administrator (RA) and Specialists when developing a Notice of Award (NOA) for an award that is subject to FAR based contracts, subawards, Task Orders, etc. The “First Alert” form must be part of the NOA when forwarded to Contracts and Grants Accounting (C&G) for account setup in BIS/Define or PeopleSoft. Additionally, ORSP provides a NOA to the Primary Investigator (PI) (copies sent to the E-Verify Program Administrators, HRS Employment Representative and respective College Administrative Officer [CAO]) indicating that the contract is a Covered Federal Contract/Subcontract. See “Instruction for Use of “First Alert” form for FAR-Based contracts provided by ORSP for more information on the “First Alert” form.
B. The PI confirms with respective HR Employment Representative that the NOA of a Covered Federal Contract/Subcontract has been received and identifies E-Verifiable Employees, if necessary by submitting names to the HR Employment Representative
C. The HR Employment Representative immediately provides the designated E-Verify General User/E-Verify Program Administrator or designee in HR the names of the employees that require an E-Verify query. The E-Verify General User/E-Verify Program Administrator or designee ensures the Form I-9 and required supporting documentation are complete and available for use during the E-Verify query. Required documentation includes:
1. Form I-9
a. A completed & signed Form I-9 (8/7/09 revision)
2. Required Supporting Documentation
a. A photo ID and a SSN (both are required for E-Verifiable Employees – (see the E-Verify Quick Reference Guide for Employers (September 2010) for more information)
· If Permanent Resident Cards, US Passports, US Passport Cards, or Employment Authorization Cards are voluntarily presented by the employee as their chosen documents for completion of the employee portion of the Form I-9, the department must make and attach copies to the Form I-9. E-Verify and HR does not require that copies of any other employee documents be made or maintained.
· If the employee does not have a SSN, an E-Verification cannot occur. The employee should be instructed to obtain a SSN. However, if the employee shows acceptable proof of identity and eligibility (verification documents cannot be expired), the employee may continue working while waiting for the SSN. The employee shall be given 7 calendar days to provide proof to HR that an application for a SSN has been submitted.
D. The HR E-Verify General User/HR E-Verify Program Administrator or designee will, within 3 business days of a new hire or within 30 days of a transfer/promotion/assignment of an E-Verifiable Employee, conduct the online E-Verify query to determine the employees’ eligibility to work on a Covered Federal Contract/Subcontract.
1. Once an “Employment Authorized” response is returned, the record shall be printed and retained in HR along with the I-9 and any additional documentation that is required by Federal or State law or by UTEP policy
2. If a “SSN Tentative Non-confirmation Notice” or a “DHS Tentative Non-confirmation Notice” is returned, the record shall be printed and provided to the employee for signature. The employee can choose to contest or not contest the information.
a. If the employee contests the “Tentative Non-confirmation”, the HR E-Verify General User/HR Program Administrator or designee shall also print a “Referral Letter” generated by the E-Verify system that instructs the employee to contact the appropriate agency (either SSA or DHS) within eight (8) federal government work days. It is the employee’s responsibility to attempt to resolve the Tentative Non-confirmation status. During the contest period, the employee shall be permitted to continue employment until there is either an “Employment Authorized” or a “Final Non-confirmation” response returned (typically 4-6 weeks).
b. If the employee fails to contest the Tentative Non-confirmation status within the designated time frame, the HR E-Verify General User/HR E-Verify Program Administrator or designee will consult with the HR Employee Relations Assistant Director for final resolution, as the employee may not be authorized to work in the United States.
c. If there is a “Final Non-confirmation Notice” response, the employee may be reassigned or possibly terminated in accordance with E-Verify legal requirements, and applicable University policy.
1. The HR E-Verify Program Administrator will consult with the HR Employee Relations Assistant Director. If it is decided that the employee will remain employed by the University, the E-Verify Program Administrator will notify DHS.
An employee hired after November 6, 1986 whose salary, or a portion of his/her salary, is directly charged to a covered federal contract or is directly performing work under a contract that includes the FAR E-Verify clause.
1. Notifies the PI when a Covered Federal Contract or Subcontract is received and E-Verify is required (copies are sent to the HR Employment Assistant Director at email@example.com and the respective CAO)
2. Ensures that Contracts and Grants Accounting is notified that the contract contains the E-Verify clause so that the appropriate box can be checked in the CA3 command, screen 9 in DEFINE
B. Information Technology (IT) office:
1. IT will generate a report weekly that lists employees that are working under a covered contract/subcontract
1. Immediately provides the designated HR Employment Representative the names of the employees that require an E-Verify query
2. Continues notification of new or existing employees working on the covered contract or subcontract
1. Employment Assistant Director will forward a copy of the NOA to the HR E-Verify Program Administrator within 48 hours of receipt of the NOA from ORSP
2. Ensures the Form I-9 and required supporting documentation are complete and available for use during the E-Verify query process, as they are required to complete the query
3. Retains the original records
4. HR General User will conduct the E-Verify query within 3 business days of a new hire or within 30 days of a transfer/promotion/assignment of an E-Verifiable Employee Engages in ongoing communication with the department head or designee and the organizational unit during the E-Verification Process
5. HR E-Verify General User will consult with the HR E-Verify Program Administrator for final resolution in circumstances involving:
a. Failure of an employee to contest a Tentative Non-confirmation response
b. A “Final Non-confirmation Notice” response
6. Ensures General Users and Program Administrators successfully complete an online tutorial on the E-Verify website
E. The HR E-Verify Program Administrator:
1. Assists in the resolution of discrepancies related to E-Verify Tentative Non-confirmation/Final Non-confirmation responses and notifies the PI and CAO of the final outcome
2. Assists in the resolution of discrepancies related to the supporting work eligibility documentation
3. Retains all E-Verify Program Records
4. Notifies DHS if it is decided that an employee with a “Final Non-confirmation” response will remain employed by the University
5. Conducts the online E-Verify queries whenever there is no E-Verify General User in the department available
6. Responds to requests for information from UTEP, DHS and/or SSA
7. Successfully complete an online tutorial on the E-Verify website
8. Provide departments with E-Verifiable Employees access to the required E-Verify posters
b. Right to Work
F. The E-Verifiable Employee:
1. Participates in the E-Verification process
2. Attempts to resolve a Tentative Non-confirmation status response
A. First Alert Form (completed by ORSP representative)
B. Notice of Award (processed, completed and issued by ORSP)
a. ORSP will identify if positions is E-Verifiable in section 8 (Special Conditions/Restrictions)
C. New Hire information Sheet for Students (HR Form)
a. Student Position will be identified by respective department if E-Verifiable
D. Human Resources Checklist (HR Form)
a. Respective HR Representative will check and follow thru if position is E-Verifiable
E. Offer letters (HR Document)
a. Position will be noted by HR Employment Representative if E-Verifiable