E-Verify has announced the release of updated and improved Further Action Notice and Referral Date Confirmation to help employers better understand the documents.

Further Action Notice (samples):

• Improved the use of plain language to help the reader better understand the document;
• Clarified the process steps to help the reader understand where the reader is in the verification process;
• Added a new system-generated date for employees and employers to take action on the case and moved the date and case number fields to the top of the form;
• Added a new section called “Instructions for Employers” to help educate employers on their roles and responsibilities; and
• Added a new section called “Your Rights in this Process” with new EEOC contact information to educate employees on their rights and responsibilities.

Referral Date Confirmation Letter (sample):

• Improved the layout and clarity of the employee instructions;
• Clarified the process steps to help the reader know where they are in the process; and
• Consolidated three agency-based referral letters into one standard letter to save time.

Additionally, terminology has been updated to help readers better understand the documents.

What is E-Verify?

E-Verify is an online system that helps employers confirm an employee’s employment eligibility by matching the employee’s Form I-9 information to Department of Homeland Security and Social Security Administration records.

Once an employer submits an employee’s information, the system can immediately return one of several results including:

• Employment Authorized - the employee’s information matched available records and is authorized to work in the US;
• Verification in Process - case referred to DHS for further verification; and
• Tentative Nonconfirmation (TNC) - information did not match DHS and/or SSA records and additional action is required..

Who is Required to Use E-Verify?

E-Verify is generally a voluntary program. However, certain employers may be required to enroll in E-verify:

• Federal contractors or subcontractors with contracts containing the Federal Acquisition Regulation (FAR) E-Verify clause. Employers who are federal contractors or subcontractors should check the language of their contracts to determine if they are subject to E-Verify as a condition of the contract.
• State law - some states have required employers to use E-Verify; however, Hawaii has not enacted such a law. In Hawaii, employers who are not required to use E-Verify may still enroll voluntarily.
• Legal ruling - in some instances, employers may be required to participate in E-Verify as a result of a legal ruling.
• STEM OPT Extension - employers who want to employ foreign STEM workers on an F-1 visa for an additional 24 months of optional practical training (OPT) must be enrolled in E-Verify.

For more information about E-Verify, visit our Resources page or www.e-verify.gov.