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Program for Employers to Verify Work Authorization Expanded to All 50 States "Our mission is to help individuals and their families through the U.S. immigration process, delivering excellence and the highest possible degree of client satisfaction along the way."
| Program for Employers to Verify Work Authorization Expanded to All 50 States |
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| Written by Jennifer Hopkins | |
| Tuesday, 21 December 2004 | |
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On December 20, 2004, U.S. Citizenship and Immigrtation Services (USCIS) published a Notice in the Federal Register (Vol. 69, No. 243, Pp. 75997-75999) announcing the expansion of the Basic Pilot Program for Employment Verification to all 50 states and the District of Columbia. The Program allows employers to get automated confirmation of a hired employee's work authorization after an Employment Eligibility Verification Form (I-9) has been completed. Effective December 1, 2004, all employers -- nationwide -- may participate in the program with Web-Based Access.
What is the Basic Pilot program for Employment Verification? In the Basic Pilot program, participating employers enter the I-9 form information into a computer system and transmit the information to the Federal government. Once the information is submitted by employers, it is compared with information on the Social Security Administration (SSA) database. If the information in both instances match and SSA records confirm work-authorization status, the employer is notified that the employee is verified. If the two sources of information are inconsistent, the employer is notified that the employee has received a tentative nonconfirmation finding. If the sources of information are consistent, but the SSA database does not confirm work-authorization, the employer-submitted information is then compared with a CIS database. This check may either result in immediate verification of the employee or further checks, possibly resulting in the issuance of a "tentative nonconfirmation." When employers receive a "tentative nonconfirmation," they are required to notify the employee of the finding. The employee may then contest the finding within a given amount of time (typically 10 business days). During this time period, employers may not take any adverse actions against the employee based upon the "tentative nonconfirmation" finding. There are three circumstances under which employers are supposed to terminate the employment of employees:
How Do I, the employer, use the Web-Based Program for Employment Verification? Employers who wish to participate in the program must enter into a Memorandum of Understanding (MOU) with USCIS and SSA. To register for the program, employers can log on to https://www.vis-dhs.com/employerregistration, where they will find instructions for completing the MOU and registering for the program. In addition to on-line registration, other new features of the Internet-Based program include: reporting capability for users, availability of the system 7 days/week 19 hours/day (the system is shut down for maintenance and updating from 12 am - 5 am.), and online resources, such as the Basic Pilot Program User Manual, the Basic Pilot Program Tutorial, Handbook for Employers (M-274), Identity Document Guide (M-396), and links to various sources containing information relating to employment issues. |
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