E-Verify FAQ Update: Non-Confirmation (1-10-2008)

If E-Verify indicates that an employee is ineligible (a "tentative non-confirmation"), it may not be treated as an indication that the employee is not work authorized.  If a tentative non-confirmation is received from the E-Verify system, take the following steps:

1. Record the case verification number and review the submitted employee data to check for any errors. If no error, go to step 2.
2. The tentative non-confirmation, and the right to contest it, must be reported to the employee immediately, to determine whether the employee intends to contest it. There is a notice to employee form generated by the E-Verify system by for employer use that the employee must sign. The employee must check the line showing his or her decision to contest or not to contest, and must sign the form.
3. If the employee chooses to contest the non-confirmation, he or she must continue to work during the contest period. The employer must give the employee a referral letter (generated by E-Verify) directing the employee to Homeland Security (DHS) or the Social Security Administration (SSA) (depending on the type of document at issue).  The employee has 8 days to appear in person and resolve the issue. Within 10 federal work days of referring the employee to the government agency, the employer must resubmit the E-Verify inquiry to receive confirmation or final non-confirmation. Prior to a final non-confirmation, no adverse action, including suspension or termination, may be taken against the employee.
4. If the employee chooses not to contest, have them check the form and sign it. Then the employer must resolve the case in the E-Verify system. If the employee does not contest, the employer must choose “Unauthorized/terminated” and terminate the employee.

 Arizona wage law requires payment of wages within 3 working days of termination or the next regular payday, whichever is sooner. An employee who quits may be paid on the next regular pay day. 

COUNSEL TO MANAGEMENT:

 Employers must be aware of their obligations under the E-Verify program, as well as the protections that exist for employees.  Detailed information about how to use the system is in the E-Verify Users' Manual, go to http://www.uscis.gov/files/nativedocuments/E-Verify_Manual.pdf