This guide outlines processes, rules and responsibilities for employers and employer agents enrolled in E-Verify through a Web service. Users must follow the guidelines set forth in the E-Verify Memorandum of Understanding (MOU) and the rules and responsibilities outlined in this guide and other applicable E-Verify guidance.
For purposes of this guide, the term “employer” means any person, company, or other entity who is required to complete Form I-9, Employment Eligibility Verification, including any individual with an E-Verify user account.
The term “E Verify employer agent” means any person, company, or other entity who provides the service of verifying employees as a third party to clients (employers) through the use of E-Verify.
The term ‘user’ refers to any members of the E-Verify employer agent who is granted access to E-Verify functionality, whether through the traditional Web portal or a Web service platform.
Employers and E-Verify employer agents who use E-Verify through a Web service have chosen to develop software that interfaces with E-Verify to create cases for newly hired employees and/or certain employees of Federal Contractors with federal contracts subject to the FAR E-Verify clause.
Employers and E-Verify employer agents using a Web service are held to specific requirements for the verification process, in addition to requirements for development and maintenance of their interface. E-Verify employers and employer agents using Web services are required to properly train all users on E- Verify policies and procedures. The E-Verify training for Web Services will provide training requirements and guidelines for employers and E-Verify employer agents who use E-Verify through Web services to create training for their users.
GETTING STARTED
Employers and E-Verify employer agents enroll in E-Verify online. Additional information regarding enrollment is found at www.E-Verify.gov.
The web services access method requires an employer to develop software that interfaces with E-Verify to create and manage cases. The employer’s software should extract data from its existing system or an electronic Form I-9 and transmit the information to E-Verify. Employers who choose this option receive a web services Interface Control Agreement (ICA) which contains the information used to develop and test the software interface. Both employers and E-Verify employer agents can use this access method. Simple Object Access Protocol (SOAP) and Representational State Transfer (REST) are both communication protocols available to employers and E-Verify employer agents.
WEB SERVICES TECHNICAL CERTIFICATION PROCESS OVERVIEW
| User requests Web Services Certification | User can request the certification at their convenience |
| Certification test | Test instructions and custom test data are provided to the user |
| User produces initial results | User enters test data and provides case information |
| Web Service Interface is validated | Case results are validated along with additional responses |
| Complete and close cases | User completes the verification process |
| Web Services Certification | Production URL and User ID are provided to user |
E-Verify Rules and Responsibilities
It is the employer’s and E-Verify employer agent’s responsibility to ensure proper use of E-Verify and protection of employee workplace rights. You should periodically review all of the program rules and responsibilities with your users. Web services users must follow the guidelines below in the Responsibilities Overview.
RESPONSIBLITIES OVERVIEW
Web services employers and E-Verify employer agents MUST:
- Upgrade their software within specified timeframes for each update or new version of E-Verify. Perform necessary maintenance on the Web services interface in accordance with ICA requirements.
- Update the company's E-Verify profile within 30 days of receiving a Federal Contract with FAR clause award date.
- Follow E-Verify procedures for each newly hired employee while enrolled/participating in E-Verify.
- Notify each job applicant of E-Verify participation by clearly displaying the most current version of the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. You may also display the posters in other languages provided by DHS.
- Complete Form I-9 for each newly hired employee before creating a case in E-Verify.
- Obtain a Social Security number (SSN) from each newly hired employee on Form I-9.
- Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
- Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (Mismatch).
- Download the Further Action Notice before referring the case.
- Ensure that all personally identifiable information (PII) is safeguarded and notify DHS immediately if a breach of PII occurs.
- Not take adverse action against or terminate an employee because he or she received a Mismatch result, unless E-Verify issues a case result of Final Nonconfirmation.
- Contact E-Verify if you believe an employee has received a final nonconfirmation in error.