LB 403 Immigration Verification

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LB 403 Immigration Verification

• LB 403 Governors Priority
• Signed into Law April 3, 2009
• Effective Date October 1, 2009

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LB 403 Immigration Verification

• LB 403 has 3 major components
• Public Benefits
• Agencies are required to have all public benefit
  recipients complete an attestation form.
• If, on the attestation form, the individual
  identifies their status as U.S. citizen no
  further action is required.
• If, on the form, the individual identifies their
  status as alien then the agency must complete
  verification.
• Public Contracting
• Contractors must verify their new employees
  physically working in Nebraska.
• If the Contractor is an individual or sole
  proprietorship agency must verify as is done for
  public benefits.
• Public Employment

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E-Verify / Employment

• USCIS U.S. Citizenship and Immigration
  Services
• SSA Social Security Administration
• DHS Department of Homeland Security

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E-Verify Program Goals (USCIS)

• Reduce unauthorized employment
• Minimize verification-related discrimination
• Be quick and non-burdensome to users
• Protect civil liberties and referred worker /
  employee privacy

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When Does E-Verify Start?

• Thursday October 1, 2009
• (44 days and counting)
• Reference LB403

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What Does E-Verify Mean to Me?

• I must verify employment status of all new hires
  beginning 10/1/09
• I must have the following information completed
  on the first day of employment
• I-9 form
• Employee Master
• E-Verify process must be started

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E-Verify How it works

• Agency completes the I-9 and Employee Master in
  NIS
• Daily report of new hires is run from NIS data
• Last Name, First Name , Maiden Name (Address
  Book)
• Social Security Number (Address Book)
• Date of Birth and Hire Date (Employee Master)
• Document Expiration Date (example Drivers
  License Employee Master)
• State Personnel inputs above data into E-Verify
• System queries the following databases
• Social Security Administration
• Department of Homeland Security
• Department of State

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E-Verify How it Works (continued)

• Initial verification will return one of three
  results
• Employment Authorized
• The referred worker IS authorized to work in the
  U.S.
• SSA Tentative Non-confirmation
• There is an information mismatch with SSA
• DHS Verification in Process
• DHS will usually respond within 24 hours with
  either an employment authorized or DHS tentative
  non-conformation
• State Personnel contacts agency with results

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E-Verify Case Resolution

• If employment is authorized, the agency will
  receive a system generated verification number
• Agency must record this number on the employees
  I-9
• If Tentative Non-confirmation (TNC), the
  referred worker can contest the finding and
  resolve the discrepancy with SSA
• If the referred worker chooses not to contest, it
  is considered a Final Non-Confirmation and the
  agency (may?) terminate the workers referral and
  resolve the case

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What else should I know?

• This is an interim processWhew!
• Most Talent Management Systems include this
  functionality within their Onboarding feature
• Electronic connection to E-Verify done by the
  Agency
• Should be using the I-9 form with a 02/02/09
  revision date.
• The revision date can be found on the lower right
  hand corner of the form. No previous editions are
  accepted. The use of this form was extended by
  USCIS.

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Questions.

• How does E-Verify work with UNL work study
  students? 
• E-Verify is handled by the employer who completes
  the employees I-9 and pays them UNL in this
  case.
• What if I have an SOS employee in my agency?
• SOS employees are employees of State Personnel
  E-Verify will be done by State Personnel.

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Helpful Websites
http//www.uscis.gov/portal/site/uscis
Form I-9
http//www.das.state.ne.us/
E-Verify Link