E-verify is a federal work authorization program operated by the Department of Homeland Security in partnership with the Social Security Administration, that allows participating employers to electronically verify the employment eligibility of their newly hired employees. Emory began using E-Verify for all new hires in November 2007 to comply with the Georgia Security and Immigration Compliance act of 2006.
As of September 8, 2009 E-Verify became mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause, meaning that federal contractors or subcontractors are required to use E-Verify to determine employment eligibility of employees performing direct work on the contract and new hires. It exempts contracts of less than 120 days and valued at less than $100,000 and subcontracts valued at less than $3000.
Under the federal contractor rule the use of E-Verify is generally required for all new employees, regardless of whether they are assigned to a federal contract. An exception is Institutions of Higher Education (as defined at 20. U.S.C. 1001 (a)), which are only required to use E-Verify for new hires and existing nonexempt employees (employees who were hired on or before November 6, 1986 are considered non exempt from completing Form 1-9 and cannot be verified in E-Verify) who are working directly under a covered contract.
Emory Process
If a contract with the FAR E-Verify clause is received, OSP will notify Human Resources with the names of the employees identified on the budget and approved by the agency. data Services will not determine if: E-Verify has already been done (employee hired after November, 2007), if E-Verify is not required because the employee was hired prior to November 1986 or if it is required.
If E-Verify is Required:
- Data Services will use the most recent I-9 completed by the employee
- If there is a problem with the data received from E-Verify, i.e. a tentative non confirmation, Data Services will contact the employee and his/her supervisor following normal procedures.
- If the employee is unable to resolve the issue with the Department of Homeland Security and/or the Social Security Administration, or decides not to contest the tentative non-confirmation, the employee will be terminated.
When a new employee begins working on a contract, the PI, department advisor or HR rep should contact Data Services immediately with the name of the employee (including student employees). Data Services will determine what is necessary for compliance with E-Verify