E-Verify FAQ
Common Questions: • What is E-Verify? An internet program operated by U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), as a part of the Department of Homeland Security (DHS), for employers to determine the validity of an applicant’s or employee’s social security numbers. • How do I register? The instructions and registration are on-line at https://www.visdhs.com/employerregistration . The information necessary for E-Verify is: o Employee name, date of birth and social security number o Citizenship status claimed by applicant o An A number or I-94 number, if applicable o Type of document provided on the Form I-94 to establish work authorization status, and proof of identity including the expiration date, if applicable
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Who is required to participate? All vendors and subcontractors that have state contracts in excess of $50,000 are required to use E-Verify for all newly hired employees that will perform work on behalf of the State of Minnesota. Which contracts does this apply to? This order applies to new contracts, renewed and amended contract agreements with the State of Minnesota that take place on or after Tuesday January 29 th , 2008. Contracts agreed to prior to this date do not need to comply with this order until that contract is renewed or amended. This order does NOT apply to entities that receive state grants, unless those entities also have a state contract in excess of $50,000.
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Can I opt-out? No. If you have a contract with the state, assume you are covered under this order. If you have an unusual situation in which you cannot comply, contact: Kent Allin - MN Chief Procurement Officer Director, Materials Management Division MN Department of Administration 50 Sherburne Avenue St. Paul, MN 55155 phone: 651-201-2400 fax: 651-297-3996 e-mail: kent.allin@state.mn.us division web-site: www.mmd.admin.state.mn.us
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When may an employer initiate a query under E-Verify? An employer is required to verify all newly hired employees, both U.S. citizens and non-citizens. E-Verify may not be used to prescreen applicants for employment, go back and check employees hired before the company initiates an agreement with E-Verify, or to re-verify employees who have temporary work authorization.
th When does this order go into effect: Tuesday January 29 , 2008. However, there is no need to send in a certificate until the state contacts you.
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What is the cost of using E-Verify: $0 (except your company’s personnel and technology costs). Who should I contact about problems or questions using E-Verify: Contact the agency you contract with or the Office of Verification at 1-888-464-4218 (toll-free). What are the consequences of non-compliance: If the contract vendor and/or the subcontractors knowingly employ persons in violation of the United States immigration laws, or have not implemented the E-Verify program for all newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could include, but would not be limited to cancellation of the contract, and/or suspending or debarring the contract vendor from state purchasing. Ramifications will be decided on a case-by-case basis. A key factor will be whether there is willful or unintended non-compliance. No routine screening will be performed as long as a business has filed their certification with the Department of Administration.
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Does participation in E-Verify provide safe harbor from worksite enforcement? No. Participation in E-Verify does not provide protection from worksite enforcement. However, an employer who verifies work authorization under E-Verify will be seen as having made a good faith effort and is presumed to have not knowingly hired unauthorized immigrants. The state will not take punitive contract action with a business using E-Verify. Who is responsible at the state level for implementing this order? The Department of Administration. Contact you agency for questions. The key contact at the Department of Administration is: Kent Allin - MN Chief Procurement Officer Director, Materials Management Division 50 Sherburne Avenue St. Paul, MN 55155 phone: 651-201-2400 fax: 651-297-3996 e-mail: kent.allin@state.mn.us division web-site: www.mmd.admin.state.mn.us
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Anything else I should know? o Once enrolled in E-Verify you have 3 days to submit the information of all new-hires. From there on, whenever a new employee is hired, there is a 3-day period to verify immigration status. o Businesses that apply for subsidies will receive points for implementing the E-Verify program for newly hired employees. This system will be implemented by the Minnesota Department of Employment and Economic Development (DEED). DEED Contact information: 1st National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101-1351 Phone: 651.259.7114 or 800.657.3858 Web site: www.deed.state.mn.us
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