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E-Verify. University of South Carolina Division of Human Resources October 9-10, 2008. S.C. Illegal Immigration Reform Act. S.C. law* requires all public sector employers to verify that all new employees have valid work authorization using federal verification program: E-Verify

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e verify

E-Verify

University of South Carolina

Division of Human Resources

October 9-10, 2008

s c illegal immigration reform act
S.C. Illegal Immigration Reform Act
  • S.C. law* requires all public sector employers to verify that allnewemployees have valid work authorization using federal verification program: E-Verify
  • Requires State agencies, including USC, to E-Verify all new employees effective January 1, 2009
  • Prevents SC schools/universities from admitting or providing state scholarships, grants or financial aid to persons unlawfully present in the U.S. (as of Fall 2008).

*S.C. House Bill 4400; signed into law by Governor Sanford on June 4, 2008.

usc e verify implementation plan
USC E-Verify Implementation Plan
  • Effective Date for USC: November 1, 2008
  • Memorandum of Understanding: USC must first enter into an approved MOU with DHS
  • Identification, Training & Registration of USC E-Verify Program Administrators and General Users
  • USC E-Verify Coordinator will notify HR contacts about additional training & when to register
usc e verify structure
USC E-Verify Structure
  • USC Division of HR = “Corporate Administrator”
  • USC Primary HR Liaison in College/School/Division or on 2/4 year HR Offices = “Program Administrator”
  • HR and Student Employment Contacts in individual Departments who are appointed as to be USC E-Verify users = “General User”
usc e verify structure5
USC E-Verify Structure
  • USC Division of HR/ Corporate Administrator Responsibilities:
    • Provides oversight of all USC E-Verify Users
    • Notifies Program Administrators when to

register for E-Verify

    • Organizes training sessions & ensures compliance
usc e verify structure6
USC E-Verify Structure
  • Program Administrator Responsibilities (for USC Primary HR Liaison in College/School/Division or in 2/4 year HR Offices):
    • Appoints General Users
    • Ensures General User training & certification
    • Maintains current listing of authorized GU’s by adding and deleting GU names as needed
    • Updates HR on changes to General User Listing
    • Places copy of General User certification from E-Verify in that individual’s employee file.
usc e verify structure7
USC E-Verify Structure
  • General User Responsibilities (for USC HR Contacts in Departments who handle HR paperwork & I-9s)
    • Registers in E-Verify when notified to do so
    • Participates in E-Verify on-line tutorial
    • Passes Test to obtain E-Verify Certification & provides verification to Program Administrator
    • Ensures timely completion of I-9 once an offer of employment is accepted.
    • Enters information into E-Verify & submits copy of I-9 and E-Verify confirmation along with HR paperwork
usc e verify compliance
USC E-Verify Compliance
  • I-9 Process: Form I-9 must still be completed NO LATER THAN START DATE of employment, but may be completed as early as the date an offer of employment isaccepted.
  • E-Verify Process: Cannot be completed until:

1) Offer of employment is accepted;

2) Form I-9 is completed; and

3) No later than Close of Business on 3rd

day after actual start date of employment

compliance issues
Compliance Issues

E-Verify Program and Other Immigration Related Compliance Penalties

  • Increased oversight of USC by the Department of Homeland Security’s Immigration and Custom’s Enforcement, a function of the electronic records generated.
  • Civil fines and penalties for non-compliance with the 1996 Immigration Reform & Control Act and the 1998 Illegal Immigration Reform & Immigrant Responsibility Act
compliance issues continued
Compliance Issues Continued
  • E-Verify Program and Other Immigration Related Compliance Penalties Continued…
  • Willful violations can lead to a ban on all USC applications (all campuses) for any employer-driven work authorization for any non-U.S. citizen or non-Permanent Resident employee.
  • If fraudulent documents are used to obtain employment authorization or certain types of benefits, restitution and other civil and criminal charges may be assessed.
usc challenges
USC Challenges
  • Last-minute hires
  • Lack of communication between hiring official and HR/Business Manager in department
    • External Dual Employment
  • The need for immediate and timely action to complete I-9 and E-Verify for last minute hires
  • E-Verify for incoming internationals who do not have a US Social Security number due to a regulatory wait period to apply
international faculty and staff hires
International Faculty and Staff Hires
  • International Support for Faculty and Staff (ISFS) will have E-Verify oversight responsibility for all international faculty and staff hired.
    • For campuses other than Columbia, ISFS will guide HR contacts on completing I-9s and E-Verify entry;
    • On the Columbia campus, ISFS will complete I-9s and enter data into E-Verify.
student hires
Student Hires
  • For Columbia and the 2-year campuses, USC International Student Services will provide guidance on its website for departmental questions about international student hires;
  • USC Payroll will address departmental questions about hiring U.S. student workers;
  • For Aiken, Beaufort and Upstate, questions about int’l student hires should be directed to the campus International Student Advisor.
e verify user manual and notices
E-Verify User Manual and Notices

E-Verify Info

  • Overview/FAQs

www.dhs.gov/e-verify

  • User Manual

www.uscis.gov/files/nativedocuments/E-Verify_Manual.pdf

E-Verify participation poster and other posters

  • Must be clearly displayed; will be available at:http://hr.sc.edu/policies/posters.html
questions
Questions

Ms. Krystal Owens, USC E-Verify Coordinator

Division of Human Resources, Salary Administration

Email: USCEVerify@sc.edu

Web: http://hr.sc.edu/salaryadmn/everify.html

public employment procurement components of the s c illegal immigration reform act
Public Employment/Procurement Components of theS.C. Illegal Immigration Reform Act

Additional Components of the S.C. Illegal Immigration Reform Act:

    • Public employers may not enter into a services contract unless the contractor:
      • Registers and participates in the federal work authorization program; or
      • Employs only:
        • workers who possess a valid SC driver’s license or identification card;
        • are eligible to obtain a SC driver’s license or identification card; or
        • Possess a valid driver’s license or identification card from another state where license requirements are as strict as SC’s
    • Public employers and contractors may not divide the work into separate contracts to get around statute
  • Other provisions of the S.C. Illegal Immigration Reform Act:
    • Provides exclusive procurement remedy for violations of the procurement code
    • Public employer is in compliance if a written statement is obtained from the contractor certifying the contractor meets the provisions of the Act [S.C. Code 8-14-20(B)]
    • A contractor or public employer who makes a good faith effort to comply will not be subject to civil or administrative action
    • Makes it a felony if a person knowingly files a false, fictitious or fraudulent documents

FOR QUESTIONS RE: PROCUREMENT PROVISIONS, CONTACT USC PURCHASING: 7-4415

usc critical issues
USC Critical Issues
  • Compliance: Completing E-Verify within required time frame.
    • Once an offer is made and accepted, HR Contact in hiring unit meets with new employee to complete I-9, which must be finalized by the beginning date of employment.
    • Prospective new employee provides original documents acceptable by the U.S. government for completion of Form I-9 to verify his/her identity and ability to work in the U.S.
    • HR Contact in Hiring Unit will:
      • Revieworiginal documents presented by employee for authenticity;
      • Verify consistency/completeness of info. entered by employee in Section 1 of I-9;
      • Complete Section 2 of I-9;
      • Within 3 days of employment start date, enter information from I-9 into E-Verify and print E-Verify Confirmation Notice to attach to completed I-9;
      • Provide copy of completed I-9 & E-Verify Confirmation to HR Salary Administration along with required USC hiring documents.

*See Slide 16: I-9 and E-Verify for international faculty and staff will continue to be handled by ISFS.