Vision Payroll

April 27, 2014

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

Further Action Notice Must Be Completed If Employee Receives Tentative Nonconfirmation

If an employer receives a Department of Homeland Security Tentative Nonconfirmation (DHS TNC) from the US Department of Homeland Security (DHS), the affected employee must complete, sign and return the Further Action Notice. Although the Further Action Notice is available in eighteen languages, the completed and signed version must be the English language version.

Steps for the Employer When a DHS TNC Is Received

If an employer receives a DHS TNC, the employer should take the following steps:

  1. Review this Further Action Notice in private with the employee.
  2. Check that all of the information at the top of this Further Action Notice is correct.
  3. Ask the employee to indicate whether he or she will contest the DHS TNC.
  4. Give the employee a copy of the signed Further Action Notice in English and attach the original to the employee’s Form I-9.
  5. Log in to E-Verify and search for this case using the information above. Follow the instructions in E-Verify to refer the case to DHS if the employee contests the DHS TNC, or close the case if the employee does not contest the DHS TNC.

Photo Mismatches Require Separate Action

For a DHS TNC received for a photo mismatch only, the Further Action Notice should be sent to DHS with a copy of the employee’s photo document. This can be done either through a digital submission to DHS or delivery by express shipping. Copies are not to be sent using regular United States Postal Service mail.

Know Employee Rights and Employer Responsibilities

Vision Payroll recommends visiting the US Citizenship and Immigration Services (USCIS) website to become familiar with all employee rights and employer responsibilities when working to resolve a DHS TNC.

March 27, 2011

USCIS Launches E-Verify Self-Check

USCIS Director Alejandro Mayorkas
On March 21, US Citizenship and Immigration Services (USCIS) launched E-Verify Self Check, the first online E-Verify program offered directly to the US workforce. E-Verify Self Check, a fast, simple, secure and free service, enables individuals to voluntarily check their own employment eligibility status.

First Phase Open To Residents of Five States and DC

USCIS is releasing E-Verify Self Check in phases, with the first phase only accessible to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia, or the District of Columbia.

Availability to Expand After Testing and Further Improvements

The availability of E-Verify Self Check will be limited for the initial launch as the service is tested and improved upon based on the outcomes of the initial implementation.

Contact Vision Payroll Today

Contact Vision Payroll today if you have further questions on E-Verify Self Check.

March 6, 2011

USCIS Releases Updated Handbook for Employers

USCIS Director Alejandro Mayorkas
The US Citizenship and Immigration Services (USCIS) recently released an updated Form M-274, Handbook for Employers. The handbook assists employers in completing Form I-9, Employment Eligibility Verification.

Form Has Eight Parts

Form M-274 is broken into eight parts, each dealing with a specific topic. The parts are:

  1. Why Employers Must Verify Employment Authorization and Identity of New Employees
  2. Completing Form I-9
  3. Photocopying and Retaining Form I-9
  4. Unlawful Discrimination and Penalties for Prohibited Practices
  5. Instructions for Recruiters and Referrers for a Fee
  6. E-Verify: The Web-based Verification Companion to Form I-9
  7. Some Questions You May Have About Form I-9
  8. Acceptable Documents for Verifying Employment Authorization and Identity

Establishing Identity and Employment Authorization

To establish both identity and employment authorization, a person must present to his or her employer a document or combination of documents, if applicable, from List A, which shows both identity and employment authorization; or one document from List B, which shows only identity, and one document from List C, which shows only employment authorization. Sample illustrations of acceptable documents are also presented.

Contact Vision Payroll for Further Information

Contact Vision Payroll if you have further questions on Form M-274.

October 20, 2010

Tip of the Week: Certain Puerto Rico Birth Certificates No Longer Valid for Form I-9 Purposes

Filed under: News — Tags: , , , , , — Vision @ 5:25 pm
Puerto Rico Governor Luis G. Fortuño
Puerto Rico Governor Luis G. Fortuño
On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to US citizens born in Puerto Rico because of a new Puerto Rico birth certificate law.

As of September 30, 2010, Certified Copies of Puerto Rico Birth Certificates Issued Before July 1, 2010, Will Now Be Valid Through October 30, 2010. The Dates Below Reflect this Extension.

After October 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid. This new law does not affect the US citizenship status of individuals born in Puerto Rico. It only affects the validity of certified copies of Puerto Rico birth certificates.

How Will this Law Impact the Employment Eligibility Verification (Form I-9) Process?

New Employees

  • All certified copies of Puerto Rico birth certificates are acceptable for Form I-9 purposes through October 30, 2010.
  • Beginning October 31, 2010, only certified copies of Puerto Rico birth certificates issued on or after July 1, 2010, are acceptable for Form I-9 purposes.
  • Beginning October 31, 2010, if an employee presents for List C a birth certificate issued by the Vital Statistics Office of the Commonwealth of Puerto Rico, the employer must look at the date the certified copy of the birth certificate was issued to ensure that it is still valid.

Existing Employees

Employers must not re-verify the employment eligibility of existing employees who presented a certified copy of a Puerto Rico birth certificate for Form I-9 purposes and whose employment eligibility was verified on Form I-9 prior to October 31, 2010. 

Federal Contractors

Employers awarded a federal contract that contains the Federal Acquisition Regulation (FAR) E-Verify clause have special Form I-9 rules for the verification of existing employees. 

If completing new Forms I-9 for existing employees, certified copies of Puerto Rico birth certificates are acceptable as a List C document under the following circumstances:

  • Prior to October 31, 2010, all certified copies of Puerto Rico birth certificates are acceptable for Form I-9 purposes.
  • Beginning October 31, 2010, only certified copies of Puerto Rico birth certificates issued on or after July 1, 2010, are acceptable for Form I-9 purposes. 

If updating existing Forms I-9, an employer must not ask an employee to present a new certified copy of a Puerto Rico birth certificate if the employee presented a certified copy of a birth certificate issued in Puerto Rico before July 1, 2010 that was valid and acceptable for the Form I-9 at the time it was presented.

See the E-Verify Supplemental Guide for Federal Contractors for more information on E-Verify and FAR requirements.

How Will this Law Affect the Retention of Documents with Form I-9?

Existing federal law governing the Form I-9 process prohibits employers from keeping original certified copies of birth certificates, including those issued in Puerto Rico, but allows employers to keep photocopies of these documents. Employers who choose to make photocopies of documents their employees present when completing Form I-9 must do so for all employees, regardless of national origin or citizenship status.

For more information about Form I-9, visit http://www.uscis.gov/. More information about birth certificates issued in Puerto Rico can be found at www.prfaa.com/birthcertificates and www.prfaa.com/certificadosdenacimiento.

Contact Vision Payroll if you have further questions on the changes to Form I-9.

September 1, 2009

E-Verify Requirement Takes Effect September 8

The US Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), in conjunction with the Social Security Administration (SSA) operates an electronic system that allows employers to verify the employment eligibility of newly hired employees. The system, which is free of charge, is known as E-Verify. Effective with new contracts awarded after September 8, 2009, most federal contractors and sub-contractors will be required to use E-Verify to confirm the employment status of newly hired employees and current employees who are classified as “employees assigned to the contract.” Contact Vision Payroll if you have any questions on this process.

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