August 01, 2007

Truescreen, Inc., as a registered designated agent, can perform verification of I-9 data through the U.S. Citizenship and Immigration Services (USCIS) E-Verify program, also known as the Basic Pilot program. This federal program is designed to verify the employment authorization eligibility of all newly hired employees. While the federal program is voluntary, Arizona, Colorado, Georgia and Oklahoma have recently passed laws mandating participation in the program for any employers who provide services to or contract with institutions or agencies in those states. Colorado and Georgia’s laws are currently in effect; Oklahoma’s begins phasing in on November 1, 2007; and Arizona’s is set to become effective January 1, 2008.

Benefits of E-Verify Participation:

• Ensures compliance with federal employment and immigration laws by confirming that all employees are authorized to work.
• Manages and tracks the process though the secure myTruescreen.com Web site.
• Complies with recently enacted Colorado and Georgia laws, and prepares for upcoming enactment of Oklahoma and Arizona laws.

Process Overview:

1) Client submits data from completed I-9 Form to Truescreen via the myTruescreen.com Web site.

2) Truescreen performs search. If employment is authorized and identity information matches the USCIS/Social Security Administration (SSA) database information, Truescreen will deliver report with Case Verification Number. Estimated turnaround time: Less than 24 hours

3) If employment is authorized but identity information does not match, DHS or SSA performs additional research. Estimated turnaround time: 72 hours.

4) If Truescreen performs initial search and tentative non-confirmation is received from SSA/DHS, Truescreen notifies client through myTruescreen.com and client must follow notification process with employee.

5) Client updates Truescreen upon resolution of notification process and Truescreen resolves with DHS. Final results are delivered via myTruescreen.com Web site.

Frequently Asked Questions

Q. Can I run the E-Verify search before hiring the person?
A. No. 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 must initiate the query no later than the end of three business days after the new hire’s actual start date.

Q. Once I sign up, can I go back and run E-Verify searches on all of my existing employees?
A. No. As an E-Verify participant, employers are required to verify all newly hired employees, both U.S. citizens and non-citizens. Employers may not verify selectively and must verify all new hires while participating in the program. The program may not be used to prescreen applicants for employment; to check employees hired before the company started using E-Verify; or to re-verify employees who have temporary work authorization.

Q. Why can’t I run the E-Verify search based on the information the employee provided on their employment application?
A. E-Verify verifies information provided on the I-9 form, not the employment application. The required data includes information from sections 1 and 2 of the Form I-9, including the employee's name; date of birth; Social Security Number; the citizenship status to which he or she attests; an A# or I-94# (if applicable); and the type of document provided on the Form I-9 to establish work authorization status and proof of identity, including its expiration date (if applicable).

Q. Can I run E-Verify searches on temps or contractors working in my company?
A. No. E-Verify is for verification of authorization of employment of the employer’s employees only.  Temps and contractors may be verified by their respective employers if they use the E-Verify program.

Q. Can I suspend or terminate an employee if their initial E-Verify search comes back as “not confirmed”?
A. No. Under the terms of E-Verify, an employer cannot take an adverse action against an employee based upon the employee’s employment eligibility status while the SSA or DHS is completing the confirmation process.

Q. Can I just run the E-Verify search on selected groups of employees; for example, full-time employees, but not part-time employees?
A. No. 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 must verify all new hires while participating in the program.

Q. Can I just add the E-Verify search to my pre-employment background check?
A. No. E-Verify verifications are not to be used to pre-screen individuals. It may only be conducted post-hire.

Q. Does participation in the program provide safe harbor from worksite enforcement?
A. No. An employer that verifies work authorization under E-Verify has established a rebuttable presumption that it has not knowingly hired an unauthorized alien. However, participation in the program does not provide a “safe harbor” from worksite enforcement.