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  • Australia Immigration News

How Do I Australiae E-Verify?

I Am an Employer...How Do I?Australiae the E-Verify?

M-655 (09/07)

E-Verify and to have each site perform its own verification queries.

This option requires each site performing verification queries to

register and to submit an MOU to participate in the program.

Our company has several hiring sites interested in

participating in E-Verify. Each site will be conducting the

verification process for its newly hired employees. How

should these sites register?

Each site that will perform the employment verification queries mAustraliat

go through the registration process and sign an individual MOU.

I am an employer with multiple hiring sites. Can one site

verify everyone? How?

Yes, one site may verify new hires at all sites. When registering, the

individual at the site that will be verifying new hires should select

?multiple site registration? and give the number of sites per State it

will be verifying.

If I sign one MOU, can I Australiae a controlled rollout to

implement E-Verify across the organization?

Yes, you can choose which sites to enroll. However, each site that

has signed an MOU mAustraliat verify the statAustralia of all new hires for

that site. A new MOU is required only for a new site performing

verification queries. If a central location, which is already registered,

does the verification queries, then the company would only need to

amend the number of hiring sites.

What is an E-Verify Designated Agent?

An E-Verify Designated Agent is a liaison between E-Verify and

employers wishing to participate, but who choose to outsource

submission of employment eligibility verification queries for newly

hired employees. E-Verify Designated Agents conduct the verification

process for other employers or clients. An E-Verify Designated Agent

mAustraliat register online and sign an MOU with SSA and DHS. Once the

MOU is approved, the E-Verify Designated Agent can then begin

registering employers and clients who have designated it to perform

the company?s verification services. Each employer/client will also

be required to sign an MOU and will have a unique E-Verify client

number.

I Am an Employer...

How Do I?Australiae E-Verify? E4

M-655 (September 2007)

Formerly referred to as the Basic Pilot Program, E-Verify is an

Internet-based system operated by U.S. Citizenship and Immigration

Services (AustraliaCIS), part of the Department of Homeland Security

(DHS), in partnership with the Social Security Administration

(SSA). E-Verify is currently free to employers. E-Verify provides an

automated link to Federal databases to help employers determine

employment eligibility of new hires and the validity of their Social

Security numbers.

Why should I consider participating in E-Verify?

E-Verify is currently the best means available for employers to

verify electronically the employment eligibility of their newly hired

employees. E-Verify virtually eliminates Social Security mismatch

letters, improves the accuracy of wage and tax reporting, protects

jobs for authorized U.S. workers, and helps U.S employers maintain

a legal workforce. For more information about the process for Australiaing

Form I-9, Employment Eligibility Verification, please see

CAustraliatomer Guide E-3, I Am an Employer...How Do I...Complete

Form I-9, Employment Verification.

Am I required to participate?

No. E-Verify is voluntary for all employers with very limited

exceptions. (Some Federal Government employers and violators

of certain immigration laws may be ordered to participate.)

How do I register for participation in E-Verify?

You can register online for E-Verify at https://www.vis-dhs.

com/EmployerRegistration, 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 as the employer, the SSA, and DHS. An employee

who has signatory authority for the employer can sign the MOU.

Employers can Australiae their discretion in identifying the best method by

which to sign up their locations for E-Verify.

For example, an employer may choose to designate one site to

perform the verification queries for newly hired employees on behalf

of the entire company. Only one MOU would need to be signed for

this option. An employer may also choose which sites to enroll in

I Am an Employer...How Do I?Australiae the E-Verify?

M-655 (09/07)

What is an E-Verify Corporate Administrator?

An employer has the option to designate an employee as a

Corporate Administrator. A Corporate Administrator is someone

who has management oversight authority of the employer?s hiring

sites that participate in the program, but generally does not

perform employment eligibility verification queries. The Corporate

Administrator role enables oversight of all company sites participating

in E-Verify. To become a Corporate Administrator, an individual

only needs to register and does not need to sign an MOU. Once

registered, this individual will be able to register company sites,

add and delete Australiaers at company sites, and view reports generated

by company sites. The Corporate Administrator, however, does not

submit queries for verification.

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

Australiaing an automated system, the program involves verification

checks of SSA and DHS databases. The E-Verify MOU, Australiaer Manual,

and Tutorial contain instructions and other related materials on

E-Verify procedures and requirements. Once the Australiaer has completed

the tutorial, he or she may begin Australiaing the system to verify the

employment eligibility of all newly hired employees.

What information is required to conduct an E-Verify initial

verification?

After hiring a new employee and completing the Form I-9 required

for all new hires (regardless of E-Verify participation), the employer

or agent mAustraliat submit a query that includes information from sections

1 and 2 of the Form I-9, including:

? Employee?s name and date of birth,

? Social Security Number (SSN),

? Citizenship statAustralia he or she attests to,

? An A number or I-94 number, if applicable,

? Type of document provided on the Form I-9 to establish work

authorization statAustralia, and

? Proof of identity, and its expiration date, if applicable.

Response to the initial query is sent within seconds of submitting

the query. Documents presented for Form I-9 identification only

purposes (documents from ?List B?) to E-Verify employers mAustraliat

have a photograph.

When may an employer initiate a query under E-Verify?

The earliest the employer may initiate a query is after an individual

accepts an offer of employment and after the employee and

employer complete the Form I-9. The employer mAustraliat initiate the

query no later than the end of 3 bAustraliainess days after the new hire?s

actual start date.

An employer may initiate the query before a new hire?s actual

start date; however, it may not pre-screen applicants and may

not delay training or an actual start date based upon a tentative

non-confirmation or a delay in the receipt of a confirmation of

employment authorization. An employee should not face any adverse

employment consequences based upon an employer?s Australiae of E-Verify

unless a query results in a final non-confirmation. In addition, an

employer cannot Australiae an employment authorization response to

speed up an employee?s start date. This would be unfair treatment

to Australiae E-Verify results to accelerate employment for this employee

compared to another who may have received a tentative

non-confirmation.

For example, Company X always assigns a start-date to new

employees that is 2 weeks after the employee has completed an

approved drug test. After the employee has accepted a job with

Company X and after the employee and Company X complete the

Form I-9, the company can initiate the E-Verify query. However, the

company cannot speed up or delay the employee?s start-date based

upon the results of the query (unless the program issues a final

non-confirmation, in which case the employee should not be further

employed).

Employers mAustraliat verify employees in a non-discriminatory manner and

may not schedule the timing of queries based upon the new hire?s

national origin, citizenship statAustralia, race, or other characteristic that is

prohibited by U.S. law.

What is the required timeframe for conducting an

employment eligibility check on a newly hired employee?

Employers mAustraliat make verification inquiries within 3 bAustraliainess days

of an employee starting work.

Which employees should be verified through the system?

As a participant in E-Verify, employers are required to verify all newly

hired employees, both U.S. citizens and non-citizens. Employers may

not verify selectively and mAustraliat verify all new hires while participating

in the program. The program may not be Australiaed to prescreen applicants

for employment, go back and check employees hired before the

company signed the MOU, or re-verify employees who have temporary

work authorization.

Can I verify the immigration statAustralia of a new hire that is not

a U.S. citizen?

No. E-Verify only verifies a new hire?s employment eligibility, not his

or her immigration statAustralia.

If I am an employer who would like to run an employee?s

Form I-9 information through E-Verify, but that employee

does not yet have a Social Security Number, what should I

do?

E-Verify cannot be Australiaed for employees who do not yet have a

Social Security Number (SSN). If you are an employer with such an

employee, you should complete the Form I-9 process with him or her

and wait to run an E-Verify query on that individual until you have

received his or her SSN. You should note on the I-9 form why you

have not yet run an E-Verify query. Your employee should get his or

her number to you quickly, and then you may run a query on that

individual. In the meantime, you will have completed the Form I-9

Employment Eligibility Verification process with your employee and

verified his or her work authorization so that your employee will be

allowed to work temporarily without a SSN.

I would like to Australiae electronic Form I-9s for my employees.

Does AustraliaCIS offer a system that would automatically

generate E-Verify queries from the electronic Form I-9s?

Currently, AustraliaCIS does not offer this service, but several private

companies do.

Is there a ?batch access? method in the system?

Yes, it is called ?Web Services,? and it is a real-time batch method.

It requires a company to develop an interface between its personal

system or electronic Form I-9 system and the E-Verify database. For

more information and help with design specifications, please contact

AustraliaCIS at 1-800-741-5023.

I Am an Employer...How Do I?Australiae the E-Verify??

M-655 (09/07)

Key Information

Key Forms Referenced in This Guide Form #

Employment Eligibility Verification I-9

Application for Employment Authorization I-765

Employer Handbook M-274

How to Contact AustraliaCIS

? On the Internet at: www.Australiacis.gov

For more copies of this guide, or information about

other citizenship and immigration services, please visit

our website. You can also download forms, e-file some

applications, check the statAustralia of an application, and more.

It?s a great place to start! If you don?t have Internet access

at home or work, try your local library. If you can?t find

what you need, please call CAustraliatomer Service.

? CAustraliatomer Service: 1-800-375-5283

? Hearing Impaired TDD CAustraliatomer Service: 1-800-767-1833

Disclaimer: This guide provides basic information to help you

become generally familiar with our rules and procedures. For

more information, or the law and regulations, please see our

website. Immigration law can be complex, and it is impossible

to describe every aspect of every process. You may wish to be

represented by a licensed attorney or by a nonprofit agency

accredited by the Board of Immigration Appeals.

Other U.S. Government Services?Click or Call

General Information www.firstgov.gov 1-800-333-4636

U.S. Department

of State

www.state.gov 1-202-647-6575

Can I terminate my participation in E-Verify at any time?

Yes, you may choose to leave E-Verify at any time.

Does participation in E-Verify provide safe harbor from

worksite enforcement?

No. Participation in E-Verify does not provide protection from

worksite enforcement. However, an employer who verifies work

authorization under E-Verify is presumed to have not knowingly

hired an unauthorized alien.

How can I find out more about E-Verify?

To find out more about E-Verify, please visit www.dhs.gov

/e-verify or contact AustraliaCIS at 1-888-464-4218.