Information on E-Verify
In December 2009, the university began using a federal system called E-Verify to validate the identity and work eligibility information of faculty and staff (including temporary staff members) and new hires working on federal contracts that contain the FAR E-Verify requirement.
What is E-Verify?
E -Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). The E-Verify system uses federal databases to rapidly validate individual identities and work eligibility from the information gathered in the I-9 form. Regulations took effect in September 2009 that require organizations that hold contracts with the federal government to use E-Verify to verify the employment eligibility of their employees, regardless of citizenship.
How It Works
The process starts when an employer submits information from an employee's I-9 Form (Employment Eligibility Verification) to E-Verify. E-Verify compares that information to electronic records maintained by the Social Security Administration and Department of Homeland Security to confirm if the employee is authorized to work in the United States. That process typically takes just a few seconds. U.S. Citizenship and Immigration Services statistics show that approximately 97% of employees run through E-Verify are found to be work eligible.
E-Verify is Mandated by the Federal Government
Executive Order 12989 requires federal contractors that hold contracts with the federal government containing the FAR E-Verify clause to use the E-Verify system to validate identity and employment eligibility. As a federal contractor, the university is required to use E-Verify to enhance the verification process currently handled by the I-9 (Employment Eligibility Verification) form to validate the identity and work eligibility of faculty and staff working on covered federal contracts. Compliance with the E-Verify requirement thus requires the cooperation of all units and campuses receiving federal contract funding. Failure to comply can jeopardize the federal contract funds received university-wide.
Implementation Timetable and Compliance Deadline
The regulations took effect in September 2009 and establish the timelines by which the university must comply. The university enrolled in the E-Verify system in October 2009, and began E-Verification of current faculty and staff members working on federal contracts with the FAR E-Verify clause in December 2009. E-Verification for new hires hired onto federal contracts with the E-Verify requirement began in January 2010.
E-Verify Checklist for Units:
View the federal notices for E-Verify employers:
- Is U-M required to use E-Verify?
- Who is affected by E-Verify?
- If I work on a federal grant will I need to be E-Verified?
- I received a notice that a federal contract in my unit contains the E-Verify requirement. What should I do?
- How should I prepare to be E-Verified?
- What documents do I need to complete an I-9 form?
- What happens when an employee’s information can’t be verified or doesn’t match federal records?
- Can employees continue to work and be paid while they are correcting an error in their Social Security or other records?
- Is release time from work available to resolve a tentative non-confirmation (TNC)?
- Who is exempt from the E-Verify requirement?
- If I only work on a federal contract for a short period of time, do I have to E-Verify?
- Does the E-Verify requirement apply to subcontracts?
- Do faculty and staff need to learn how to use the system?
- Who is the HR Unit Liaison for my unit?
- Can current or prospective employees opt not to have their information verified using the new system?
- Can my unit E-Verify someone who may work on a federal contract in the future?
- I work in a unit/department that receives federal contracts, what should I do?
- To Schedule an E-Verify Appointment:
Is U-M required to use E-Verify?
Yes. The regulations that require the use of E-Verify took effect in September 2009. All organizations that hold contracts with the federal government that contain the FAR E-Verify clause are required to use E-Verify to validate identities and employment eligibility within the time periods established by the regulations.
Who is affected by E-Verify?
Beginning in December 2009, identity and employment eligibility information for all faculty and staff (including temporary staff) working on covered federal contracts must be electronically matched with federal records through the E-Verify system.
If I work on a federal grant will I need to be E-Verified?
No. Individuals working on federal grants do not need to E-Verify at this time. Federal grants are more numerous at the university than federal contracts. Only those individuals working on federal contracts with the FAR E-Verify requirement will need to be E-Verified.
I received a notice that a federal contract in my unit contains the E-Verify requirement. What should I do?
If you are responsible for administration of a federal contract in your unit, you should contact the HRMS Unit Liaison in your unit. Your HRMS Unit Liaison will work with University Human Resources to arrange for completion of the E-Verify process. If you are a faculty or staff member working on a federal contract that requires E-Verification, you will need to complete a new I-9 form and be E-Verified within required timelines.
How should I prepare to be E-Verified?
You can prepare for E-Verification by ensuring that the information you have on file with the Social Security Administration (SSA) and/or the Department of Homeland Security (DHS) is correct and up-to-date. For example, if your name has changed, but you have not updated your Social Security card, you should visit the Social Security Administration office nearest you to make this change. If your information does not match the information that either SSA or DHS have on file for you, then you will likely receive a "tentative non-confirmation" (TNC) when you are E-Verified.
What documents do I need to complete an I-9 form?
You can prepare for E-Verification by finding the documents necessary to complete the Form I-9 on the List of Acceptable Documents detailed on Page 9 of 9.
What happens when an employee’s information can’t be verified or doesn’t match federal records?
When there is a discrepancy, the government’s E-Verify system provides notification of a “tentative non-confirmation” (TNC) of identity and/or employment eligibility. Generally, this can be corrected by the employee with a visit to your local Social Security Administration office or a call to the Department of Homeland Security (as applicable). In the event that a TNC is received, Human Resources will provide guidance to individuals with unconfirmed information. An employee who receives notice of TNC has eight federal government work days to contact the appropriate federal agency to initiate resolution of the information mismatch.
Is release time from work available to resolve a tentative non-confirmation (TNC)?
Individuals who receive a tentative non-confirmation (TNC) from the federal E-Verify system and choose to contest with the Social Security Administration or Department of Homeland Security will be provided release time to resolve the TNC. Release time will be considered excused unpaid time. If the staff member has vacation/PTO available it can be used with appropriate approval of the supervisor/manager. Prior approval of the individual's supervisor or manager is required. Release time should be recorded in accordance with the Unit/Department’s standard time-keeping processes.
Can employees continue to work and be paid while they are correcting an error in their Social Security or other records?
Yes. Federal guidelines allow for faculty and staff to continue working while discrepancies are being investigated and corrected as long as the employee initiates resolution of the TNC within the allowable time period (8 federal government working days).
Who is exempt from the E-Verify requirement?
If you were hired on or before November 6, 1986, you do not need to be E-Verified. The Immigration Reform and Control Act (IRCA) took effect on November 7, 1986 and began the use of the form I-9 to confirm an individual's identity and eligibility to work in the U.S. If an I-9 was not required of you because your date of hire preceded November 6, 1986 and there is no break in your service with the university, you do not need to be E-Verified.
If I only work on a federal contract for a short period of time, do I have to E-Verify?
Yes. In order to meet the federal requirements associated with E-Verify, the university will E-Verify any individual paid from a federal contract with the E-Verify requirement, even if that work is for a short period of time.
Does the E-Verify requirement apply to subcontracts?
Yes. The E-Verify requirement covers subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the rule extends the E-Verify requirement to subcontracts for services or construction with a value over $3,000.
Who is the Unit Liaison for my unit?
For a list of HR Unit Liaisons, go to: http://www.mais.umich.edu/groups/liaisonlist.html.
Can current or prospective employees opt not to have their information verified using the new system?
No. The verification of identity and employment eligibility is a federal requirement. The E-Verify system is a process designed to supplement the I-9 Form already required of every newly hired employee in the U.S.
Can my unit E-Verify someone who may work on a federal contract in the future?
No. The university's enrollment in E-Verify does not permit completion of the process in advance of working on the covered contract. Only individuals working on contracts with the E-Verify requirement are E-Verified.
I work in a unit/department that receives federal contracts, what should I do?
You need to monitor all federal contracts and amendments for the FAR E-Verify requirement
and initiate the E-Verify process immediately upon receipt of a contract with this requirement. See this checklist for required action steps.
Departments that need to schedule an E-Verify appointment in the College of Engineering (Ann Arbor campus) can e-mail CoEfirstname.lastname@example.org.
Departments that need to schedule an E-Verify appointment in the Medical School can e-mail Medicalschoolemail@example.com.
Departments that need to schedule an E-Verify appointment at the Institute for Social Research can e-mail ISRfirstname.lastname@example.org.
For all other areas and for questions departments can contact David Day at 734/763-2387 or e-mail email@example.com.