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E-Verify
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Indiana State University Complies with E-Verify

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As a result of the Indiana Immigration Bill signed into law by Governor Daniels on May 10, 2011, ISU is required to become an E-Verify employer effective July 1, 2011. The E-Verify process is used to electronically verify an individual's authorization to work in the United States and is managed by the United States Customs and Immigration Service. The E-Verify process does not replace the Form I-9; rather it is considered a companion to the I-9.

Self Check is a voluntary, free and simple service that allows individuals to check their employment eligibility so they can have the peace of mind that their records are accurate prior to applying for a job. Self Check does not take the place of Form I-9 or E-Verify processes and does not issue an employment eligibility credential. It simply allows an individual to check his or her employment eligibility. Specific information is located on the E-Verify website.

What Does This Mean For ISU?

  • ISU must E-Verify all new employees. This includes student employees and re-hired employees where the employee had no expectation of continued employment.
  • E-Verify uses the information contained in the Form I-9.
  • There is no additional form.
  • E-Verify must be done within three (3) days of the first day of work for pay.
  • This means that the I-9 needs to be completed in a timely manner for all employees (which is federal law).
  • E-Verify requires a social security number. This is not technically a requirement for completion of the I-9.
  • USCIS has set forth training and guidelines for issues that may arise with issues of non-confirmation of authorization to work in the United States. Generally, the employee is given time to address the issue (e.g. Social Security no-match due to name change because of marriage.)
  • ISU will never E-Verify applicants.
  • As a reminder, individuals paid via one-time only are employees and are covered by both the I-9 and E-Verify regulations.
  • In the event ISU enters into a federal contract that requires E-Verify, ISU will need to consider broader electronic verification of employees (either verification of all of those working on the federal contract or verification of all ISU employees employed after November, 1986). At this point, we are only required to E-Verify new employees.


Frequently Asked Questions

General Questions about E-Verify

What is E-Verify?

E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.

Why is Indiana State University participating in E-Verify?

As a result of the Indiana Immigration Bill signed into law by Governor Daniels on May 10, 2011, ISU was required to become an E-Verify employer.

What is the required timeframe for conducting an employment eligibility check, Form I-9, on a newly hired employee?

The earliest that ISU may initiate a query is after an individual accepts an offer of employment and after the employee and ISU complete the Form I-9. ISU must initiate the query no later than the end of three business days after the new hire's actual start date. Note: Faculty and staff paid by one-time only must complete the I-9 and be E-Verified prior to starting any work.

Questions Employees are asking

Which employees should be verified through the system?

ISU is required to verify all newly hired employees, both U.S. citizens and non-citizens. This includes student employees as well.

What are the possible responses to the E-Verify query?

Confirmation: FFor those employees whose work authorization status can be verified immediately (i.e. whose SSA record matched and confirms U.S. citizenship), the process ends here with a confirmation response returned to the employer through the system within seconds. Based on feedback from USCIS and other universities, approximately 95% of inquiries are anticipated to return as "employment authorized."

Tentative Nonconfirmation: In the remaining small minority of cases, the system issues a Tentative Nonconfirmation (TNC). A TNC does not necessarily mean that the employee is not authorized to work in the United States. Common issues resulting in a TNC include typographical errors, Social Security cards reflecting maiden vs. married names, providing an incorrect immigration status (permanent residences vs. alien authorized to work).

DHS Verification In Process: A noncitizen's information provided to SSA matches the information contained in SSA records, but did not match Department of Homeland Security (DHS) records. The case is then automatically referred to DHS for further verification. ISU and the employee do not need to take any action at this point. DHS will respond to most of these cases within 24 hours, although some responses may take up to three federal government workdays.

Do employees need to provide their Social Security Number on the Form I-9?

Yes. While the Social Security Number is typically voluntary on the I-9 Form, it is mandatory for E-Verify participants. Therefore, it is mandatory for new employees at ISU to provide their Social Security Number on the I-9 Form.

Note: Documents presented for Form I-9 identification only purposes (documents from "List B") must have a photograph.

What documents do I need to have for the I-9?

Documents presented for the I-9 Form identification only purposes (documents from List B) must have a photograph and must be unexpired. For a complete list of acceptable documentation please visit the following link:

Do current employees that are transferred or promoted from one department to another, receive a stipend or supplement for additional duties, or receive a one-time only need to be E-Verified?

No, only new hires or rehires are E-Verified. However, individuals moving from a student position to a regular staff or faculty position must be E-Verified.

What happens if the employee does not have a Social Security Number?

An employee is required to provide his or her SSN in order to complete the E-Verify query. If they do not have a SSN, contact Human Resources or Student Employment for information on how to obtain a SSN. Once they receive a number, they can then complete the I-9 and E-Verify process. The employee can continue to work while they wait to receive a Social Security number.

What is Tentative Nonconfirmation?

This indicates that the employee information submitted to USCIS does not match against USCIS’s records. When this response is received from USCIS, a member from Human Resources or Student Employment, working with the hiring department, will review the information with the employee. After that time, the employee will need to contact the appropriate agency – Social Security Administration or Department of Homeland Security to remedy the discrepancy within eight federal workdays.

What happens if an employee chooses not to contest a Tentative Nonconfirmation or does not contact DHS or SSA within eight federal government workdays?

ISU will terminate employment with no civil or criminal liability.

Do faculty and staff who are on leave of absence need to be verified again when they return from leave?

No. Only new hires or rehires are E-Verified.

Do employees that received a tentative non-confirmation continue to work during the verification process?

Yes. As long as the employee can demonstrate that he/she has contacted the Social Security Administration (SSA) and is actively trying to resolve the non-confirmation, ISU may not take any adverse action. This includes firing, suspending, withholding pay or training, or otherwise infringing upon his/her employment. If the employee informs you of his/her attempts to contact SSA, you should document what the employee has done (e.g., date and time of his/her visit to the SSA Office and name(s) of people with whom he/she has spoken). Note, however, that the latest DHS guidance is that employers should not ask the employee for any documentation; to stay clear of discrimination claims.DHS expects that Human Resources or Student Employment will keep checking back with the E-Verify system to see if the matter has been resolved.

What happens if the employee receives a Tentative Nonconfirmation?

Human Resources or Student Employment will contact the employee with the instructions and will continue with the hire or allow the employee to continue working. Human Resources or Student Employment will contact the hiring department with the final outcome. As for the employee, they will need to decide either to contest or not contest the response from USCIS. If the employee does not contest or contact the appropriate agency, then the employee will be terminated in accordance with E-Verify.

Who keeps track of the eight federal workdays?

The E-Verify system keeps track of the eight workday timeline and will notify Human Resources or Student Employment when the eight days have expired. They will then in turn, notify the department to terminate the employee if nothing has been resolved.

Questions Department Supervisors are asking

Are student employees required to be verified through the system?

Yes, ISU is required to verify all newly hired employees, both U.S. citizens and non-citizens. Therefore, if a student is employed at ISU while attending school, his or her legal eligibility to be employed must be confirmed by the E-Verify program.

Do individuals being paid via one-time only need to be E-Verified?

Yes. Individuals paid via one-time only are employees and are covered by both the I-9 and E-Verify regulations. NOTE: Employees paid via one-time only must complete the I-9 and be E-Verified on or before the first day of work for pay. Current employees with ISU that are paid via one-time only do not need to be E-Verified.

Do faculty and staff who are on leave of absence need to be verified again when return they from leave?

When a TNC is issued, Human Resources or Student Employment must notify the employee of the TNC and give the employee the opportunity to contest the finding. If the employee chooses to contest the SSA TNC, he or she must indicate this choice electronically, sign, and date the Notice to Employee of Tentative Nonconfirmation. Human Resources or Student Employment then gives the employee a Referral Letter with specific instructions for how to contact SSA in order to remedy their records. The document is available in English and Spanish. The employee must sign the Referral Letter as well. The employee then has eight federal business days to visit an SSA office with the required documents to initiate the process to prove identity and support the correction of the SSA record. SSA will then take the following steps: Determine if the Social Security record needs to be updated Update the Social Security records based on acceptable evidence provided Verify the authenticity of evidence submitted with the issuing entity Until the TNC is resolved, even if it takes longer than eight days, the employee must be allowed to keep working and cannot be terminated or have any other employment-related action taken against him or her because of the TNC. E-Verify will inform Human Resources or Student Employment of the case resolution once the employee visits SSA and resolves the issue. If the employee fails to contact SSA within the eight-day contest period, the employee is considered a no show and a Final Nonconfirmation is issued by E-Verify. At this point, ISU will terminate employment.

If a student employee moves from student status to a temporary or regular staff position, do they need to complete a new I-9 and be E-Verified?

Yes. The student must do a new I-9 and be E-Verified.

What is the penalty for non-compliance with E-Verify?

Employers who violate the law may be subject to civil fines and criminal penalties.

Do retirees returning to work need to be E-Verified?

If an employee retires and had no expectation of continued employment at the time they retired but later decides to return to work at ISU, the retiree would need to complete the I-9 and be E-Verified. In addition, retirees who were "grandfathered" in prior to the inception of the I-9 program and do not have an I-9 on file would need to complete the I-9 and be E-Verified.

What are the possible E-Verify responses once a Tentative Nonconfirmation has been contested?

Employment Authorized: This response indicates that employment eligibility is verified.

SSA Final Nonconfirmation: This indicates that the SSA could not verify the submitted information. ISU will terminate employment with no civil or criminal liability.

DHS Verification In Process: This response indicates that a noncitizen's information provided to SSA matches the information contained in SSA records. The case is then referred to DHS for employment eligibility verification. DHS responds to most of these cases within 24 hours, although DHS is permitted up to three federal government workdays to respond.

DHS Tentative Nonconfirmation: (Photo Tool Non-Match): The photo-matching step occurs when an employee presents a Permanent Resident Card (I-551) or an Employment Authorization Document (I-766) for his or her Form I-9 documentation. This response indicates that Human Resources or Student Employment determined that the photo on the employee's document does not match the photo supplied by E-Verify. At this point, Human Resources or Student Employment informs the employee of the DHS Tentative Nonconfirmation and gives them the option to contest.

DHS Employment Unauthorized: (Photo Tool Non-Match): This response indicates that the employee contacted DHS and is not authorized to work. ISU will terminate employment with no civil or criminal liability.

Review and Update Employee Data: In some cases, SSA will prompt Human Resources or Student Employment to review and update the employee information entered into the Form I-9 and resubmit the case. This means that SSA has determined that there appears to be a discrepancy in the Form I-9 data. This discrepancy may result from any of the following situations: Miskeyed information on the Form I-9 The employee intentionally provided incorrect information on the Form I-9

Is a photocopy of a document acceptable if presented by an employee?

No, employees must present original documents. The only exception is a certified copy of a birth certificate.

How do I correct a mistake on an employee’s I-9 Form?

The best way to correct a mistake is to line through the portions of the form that contain incorrect information. Next, have the employee enter the correct information and initial and date their correction.

Are expired documents acceptable for the I-9 Form?

No, expired documents are no longer acceptable for this form. However, you may accept Employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on the face, but have been extended by USCIS.

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