Transcript FastFacts Feature Presentation

Slide 1
FastFacts
Feature Presentation
November 5, 2009
We are using audio during this session, so please dial in
to our conference line…
Phone number: 877-468-2134
Participant code: 182500
© 2009 The Johns Hopkins University. All rights reserved.
Slide 2
Today’s Topic
We’ll be taking a look at…
Form I-9 and E-Verification Processes for
Non U.S. Citizens
Slide 3
Today’s Presenter
Jennifer Kerilla
Director of the Office of International Services at JHMI
Slide 4
Session Segments
Presentation
Jennifer will provide instructions for I-9 Agents who are
authorized to complete Section 2 of Form I-9 for Non-U.S.
Citizens.
During Jennifer’s presentation, your phone will be muted.
Q&A
After the presentation, we’ll hold a Q&A session.
We’ll open up the phone lines, and you’ll be able to ask
questions.
Jennifer will answer as many of your questions as time allows.
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Contact Us
If you would like to submit a question during the presentation or if
you’re having technical difficulties, you can email us at:
[email protected]
You can also send us an instant message!
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Slide 6
Survey
Survey
At the end of this FastFacts session, we’ll ask you to complete a
short survey.
Your honest comments will help us to enhance and improve
future FastFacts sessions.
Slide 7
Form I-9 and E-Verification
Processes for Non U.S. Citizens
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Agenda
Today we’ll be covering:
Employment Eligibility Verification for Non-Citizens
“Social Security Number Applied For”
Documenting Acceptable Receipts in I-9 Express
Foreign National Information Form
Possible Responses from SSA and DHS
Contest/Not Contest E-Verify Results
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Employment Eligibility Verification for Non-Citizens
When non-citizens report to the
designated I-9 agent:
-If they completed Section I in
advance, their I-9 will be in
“Pending”
-If they did not receive the
communication about I-9
Express asking them to
complete Section 1 in
advance, the I-9 agent
should click New I-9.
IMPORTANT NOTE:
-IF they do not have a SSN, then
they must complete Section
I in the designated I-9
Agent’s Office.
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Social Security Number Applied For
Non-citizens complete Part I in the
designated I-9 agent’s office if they
do not have a Social Security Number
at the time of hire/first day of “work
for pay”
I-9 agents will advise all new hires
who do not yet have a SSN to select
“SSN Applied For” even if they have
not yet submitted their application to
SSA. Individuals who have just
entered the U.S. may not yet be
eligible to apply for their SSN. The I9 Agents should advise them when it
is appropriate to apply for the SSN.
Both the I-9 agent, who completes
the I-9, and the Payroll Office will
monitor I-9 Express alerts and
communicate to the non-citizen as
the 90 day period nears an end.
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When advising non-citizens about the SSN application
process, the I-9 agents will distribute the Payroll
Office’s instruction sheet for notifying and updating
the University when the SSN is issued.
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Documenting Acceptable Receipts in I-9 Express
When non-citizens present I-9
agents with acceptable receipt
notices, [see the Handbook for
Employers for information on
acceptable receipts] the process
outlined below must be followed:
Select the document that an
acceptable receipt has been
presented in lieu of. I-9 Express does
not have a “receipt” option.
I-9 agents enter the expiration date
that coincides with the acceptable
receipt presented.
Example: For a H1B1 using I797C Receipt, the expiration of
the I-9 would be 240 days from
the date of hire. For a receipt for
a replacement EAD, the
expiration would be 90 days
from the date of hire.
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Short Description
The I-9 agent then must enter in the
comment section “Receipt” and in
the Short Description section write
“Acceptable receipt notice used in
lieu of original document”
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Confirmation Page
Once submitted, the I-9 agent
should print a copy of the
confirmation page.
The confirmation page should
be given to the non-citizen to
take to the hiring department
as confirmation that the I-9
process has been completed
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Foreign National Information Form
If the non-citizen has not yet
been forwarded the FNIF or if
the FNIF has not been
completed, a blank FNIF should
be attached to the confirmation
page.
The non-citizen should be
directed to complete the FNIF
and submit to the hiring
department. The FNIF form will
assist the hiring department in
completing the ISR in SAP.
The FNIF should be distributed
with the Walk-In Hours and
contact information for the Tax
Office.
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Determining Eligibility to Work
After the I-9 Agent attests to the information entered into Section 2 and
electronically “signs” the I-9, the I-9 agent must determine if the
employee is legally eligible to work.
There are six possible responses that could be returned upon submitting
the I-9 E-Verify:
Employment Authorized
Initial Verification Not Processed
SSA or DHS Tentative Non-Confirmation
Employment Authorized – With Additional Verification Optional
Employment Authorized – With Additional Verification Requested
Automatically
DHS Verification in Process
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SSA and DHS Possible Response 1
Employment Authorized
This response means that the employee is authorized to work in the
United States. Employment Authorized is the most common initial
response received from E-Verify. When this response is received, the
employment eligibility process is complete. No more action is
necessary.
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SSA and DHS Possible Response 2
Initial Verification Not Processed
• I-9 has been completed, but a response has not yet been returned by
E-Verify.
• I-9 Agents should click “REFRESH” until the result is updated with a
response from E-Verify.
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SSA and DHS Possible Response 3
SSA or DHS Tentative Non-Confirmation [TNC]
• A response of SSA Tentative Non-Confirmation indicates the
information on the employee’s I-9 did not match information on
record with the Social Security Administration (SSA) or the
Department of Homeland Security (DHS).
• A Non-Confirmation does not mean that the individual is not
authorized to work. The I-9 agent must advise the individual of the
TNC and the employee must choose to contest (i.e. follow the
prescribed steps to correct the problem) or not contest.
• Individuals who indicate they do not wish to contest must immediately
be referred to the appropriate Divisional Human Resources Office
[staff] or appropriate academic department [all non-staff positions
and appointments].
• This requires immediate action by the hiring department or
Division H.R. before case can be resolved in E-Verify
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SSA and DHS Possible Response 4
Employment Authorized – With Additional Verification Optional
• This response from E-Verify indicates that the employee has been
determined to be Employment Authorized.
• However, the DHS can perform a more in-depth verification on this
employee. The decision to request an additional verification is at the
discretion of the employer.
• Additional Verification should not be requested in this
circumstance.
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SSA and DHS Possible Response 5
Employment Authorized – With Additional Verification
Requested Automatically
• This response indicates that the employee has been determined to be
Employment Authorized.
• However, the DHS can perform a more in-depth verification on this
employee. The additional verification is automatically requested and
no additional action is required by the I-9 agent.
• The status will be updated to “DHS Verification in Process”. The DHS
will respond within three government work days. “DHS Verification in
Process” will be monitored by the Payroll Office.
• I-9 agents should also monitor this queue in I-9 Express.
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SSA and DHS Possible Response 6
DHS Verification in Process
• This response means a definitive answer is not yet available.
• DHS responds to most of these cases within 24 hours, but has up to
three government business days to respond.
• “DHS Verification in Process” will be monitored by the Payroll Office.
• I-9 agents should also monitor this queue in I-9 Express.
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What do I do when the current status for an
employee is Tentative Non-Confirmation?
Review the confirmation with the employee for any data entry errors in Section 1 or Section 2
• If there was an error, create a new I-9.
If the employee agrees that all the information submitted was correct, use the following
language to explain to the employee what this status means:
“When your information was compared electronically to government records, the Social
Security Administration (SSA) or Department of Homeland Security (DHS) could not
confirm that you are eligible to work in the United States. As a result, you must contact
SSA or DHS to resolve the situation within 8 days if you wish to continue pursuing an
opportunity with us.”
Ask employee if they wish to contest or not contest. Click appropriate button
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If employee chooses to Not Contest the E-Verify results…
•In the event the employee selects “Not Contested”, do not proceed by
clicking any of the options to resolve the case.
•Return to the I-9 eXpress main menu and contact your Divisional Human
Resources office. There will be consultation with the hiring manager, General
Counsel’s staff, Human Resources staff and, if the employee is a faculty
member, the appropriate official in the hiring department.
•Following the consultation, a decision will be made regarding the employee’s
status.
•The pending Form I-9 will be completed / finalized by the Divisional HR Office.
The Divisional HR Office will contact the hiring department with payroll
instructions, if necessary.
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If employee chooses to Contest the E-Verify results…
•If the employee wishes to contest, print the referral letter to SSA or DHS.
•Review the content of the letter that describes the steps the employee must
follow to contact SSA or DHS and the time frame for contacting the agencies.
•The employee’s record will now appear as pending in the “Quick Search” on the
main menu page.
•The I-9 user should check the record periodically to determine whether the
verification process is completed and to learn whether the determination is
“Employment Authorized”.
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What Happens Next?
Reinforce employees have eight (8) government working days to
resolve the issue displayed in the Reason field with the SSA or DHS.
What happens next?
•Once the data has been updated in the SSA or DHS database, the case will
be released.
•This usually occurs within 10 government working days.
•The I-9 eXpress system will automatically search the SSA and DHS
database for any updated information every day.
•The status of any I-9s that are found in this search will be updated in I-9
eXpress.
•The Payroll Office will monitor the status of I-9s that are not Employment
Authorized. However, all I-9 Agents are advised to monitor this queue as
well.
•E-verify may require that the I-9 be resubmitted if it is found that incorrect
information had been submitted.
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“No Show”
•In the event an employee selects to contest a TNC, but fails to contact the
appropriate agency (SSA or DHS) within the designated time, the Everification determination will be “no show”.
•If the determination is “no show”, do not proceed by clicking any of the
options.
•Contact the appropriate Divisional Human Resources Office. There will be
consultation with the hiring manager, General Counsel staff, Human
Resources staff, and, if the employee is a faculty member, the appropriate
academic office.
•Following the consultation, a decision will be made regarding the
employee’s status.
•The Form I-9 will be completed by the Divisional Human Resources staff
and the staff will notify the hiring manager regarding payroll instructions if
necessary.
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Final Non-Confirmation in I-9 eXpress
•In the event the E-verification determination is “Final Non-Confirmation”,
do not proceed by clicking any of the options.
•Exit the record and contact your Divisional Human Resources office. There
will be consultation with the hiring manager, General Counsel’s staff,
Human Resources staff, and, if the employee is a faculty member, the
appropriate academic officer.
•Following the consultation, a decision will be made regarding the
employee’s status.
•The pending Form I-9 will be completed / finalized by the Divisional HR
Office. The Divisional HR Office will contact the hiring department with
payroll instructions, if necessary.
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When An Employee Should NOT Be E-Verified
What happens next?
•When I-9 Express launches, it will not have “historical data
•Current employees whose work authorization has been extended
must complete a new I-9
•As these individuals are not new hires, they must NOT be
submitted to E-Verify
•The original hire date in SAP should be used as the hire date to
trigger the result below
Slide 30
Conclusion
Today we covered…
Employment Eligibility Verification for Non-Citizens
“Social Security Number Applied For”
Documenting Acceptable Receipts in I-9 Express
Foreign National Information Form
Possible Responses from SSA and DHS
Contest/Not Contest E-Verify Results
Slide 31
Q&A
We’re going to open the phone lines now!
There will be a slight pause, and then a recorded voice will provide
instructions on how to ask questions over this conference call line.
We’ll be answering questions in the order that we receive them.
We’ll also be answering the questions that were emailed to us
during the presentation.
If there’s a question that we can’t answer, we’ll do some research
after this session, and then email the answer to all participants.
Slide 32
Thank You!
Thank you for participating!
We would love to hear from you.
Are there certain topics that you would like us to cover in future
FastFacts sessions?
Would you like to be a FastFacts presenter?
Please email us at: [email protected]
Slide 33
Survey
Before we close, please take the time to complete a short survey.
Your feedback will help us as we plan future FastFacts sessions.
Click this link to access the survey…
http://connect.johnshopkins.edu/fastfactssurvey/
Thanks again!