USCIS expands E-Verify Self-Check Coverage to 16 additional States and Adds Spanish-Language Option
by John Fay
Today, the United States Citizenship and Immigration Services (USCIS) announced that the E-Verify Self-Check Service is now available to residents of 16 additional states with a choice of either English or Spanish language prompts. As previously discussed, the E-Verify Self-Check online application enables individuals to check their work authorization status prior to being hired in order to correct database errors and other inconsistencies which may exist in government records. This opportunity for “self-correction” arose out of concerns with the employer-focused E-Verify process, where employees often have very limited ability to identify, access or correct information that may ultimately lead to a tentative nonconfirmation (TNC) or even a Final Nonconfirmation (FNC). Here’s a quick run-down on the states where Self-Check is available as well as a brief description of how the system works.
Self Check Launch and Expansion
The self-check service initially went live on March 21, 2011, for individuals that maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia.
In addition, the entire interface is now also available with Spanish-language prompts and instructions.
The program has been working well, without any significant burden on the system or Social Security Administration (SSA) staff Ė who are tasked with helping individuals correct their records. According to a Fact Sheet released today, more than 18,000 individuals in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia have used it thus far to verify their employment authorization status. In addition, the USCIS has made the following enhancements since March 2011:
On the cosmetic side, USCIS announced last week Self-Check has been branded with its own trademark logo (see the E-Verify Connection Newsletter Volume 4 for more information).
How does Self-Check Work?
The E-Verify Self Check process starts with an identity authentication step which is designed to prevent others from viewing an individualís sensitive information. Once this information has been submitted, users are redirected to an independent identity assurance service page (which looks visibly different than the USCIS site) where they are instructed to take a quiz which is generated based upon the personís credit history. For example, individuals may see questions such as:
1. At which of the following, now or in the past, have you worked?
2. Which of the following is your latest start date at the above referenced employer?
3. On which of the following streets have you lived?
4. Which of the following is either your current or your previous telephone number?
Assuming an individual is able to answer all of the questions, he or she is then redirected back to the USCIS site to enter additional information needed for the Self-Check query. E-Verify Self Check will then contact the E-Verify system through a web service connection and will present one of three results: (1) Work Authorization Confirmed; (2) Possible mismatch with SSA Information or (3) Possible mismatch with Immigration Information.
If the individual receives the SSA or Immigration mismatch, E-Verify Self Check will prompt the individual whether he or she would like to resolve the mismatch or not. If the individual chooses not to resolve the mismatch, E-Verify will close the case. If the individual chooses to resolve an SSA mismatch, a form will be generated that contains the individualís first and last name, the date and time of the E-Verify query, the E-Verify case number, and detailed instructions on how to resolve the mismatch. If the individual decides to resolve an Immigration Information mismatch, E-Verify Self Check provides instructions to contact E-Verify Customer Contact Office (CCO) to assist in the correction of immigration records 72 hours after the initial query to speak with a status verification representative. If the representative is unable to correct the record, the individual will be advised of actions necessary to correct the error.
Employer Beware: You cannot require employees or potential employees to use Self Check
Itís important for employers to remember that E-Verify can only be used for new hires (or existing employees pursuant to FAR rules) once an offer has been extended and accepted and an I-9 form has been completed. Requiring applicants to provide proof of their employment authorization before establishing an employment relationship is often referred to as ďpre-screeningĒ and it may constitute a violation of the anti-discrimination provision of the Immigration and Nationality Act. Additionally, employers may not require an employee, once hired, to use Self Check. Employers can, however, use E-Verify once they are properly enrolled and as long as they abide by all of E-Verifyís rules and obligations.
Originally published by LawLogix Group Inc. Reprinted by permission. http://www.electronici9.com/i-9/government-speakers-present-on-i-9-and-e-verify-issues/
John Fay is an experienced corporate immigration attorney and I-9/E-Verify blogger with a unique background in designing and advising on case management technology. While practicing immigration in New York City, John designed and managed his firmís proprietary web-based immigration management system, which featured a fully multilingual interface for international organizations. In his current role, John serves as Vice President of Products and Services and General Counsel at LawLogix, where he is responsible for overseeing product design and functionality while ensuring compliance with rapidly changing immigration rules.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.