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THE 3-DAY RULE MUST BE FOLLOWED. If the employee is not verified by the third date, at a minimum the employee must not be allowed to continue working until they bring in their documents.
Once the I-9 is completed, the employee can begin work. The I-9 Administrators must give a detailed explanation within the I-9 comments section. A comment that the I-9 was late is not acceptable.
When the I-9 E-Verify status shows a DHS TNC, the employee should be shown a generic copy of the "Notice to Employee of Tentative Nonconfirmation." This notice explains the process to either "Contest" or "Not Contest" the E-Verify issue. We expect that the employee will "Contest," but once explained - both in the notice and the verbal explanation - it's up to the employee to decide.
Once the employee contests the issue, BOTH the notice and the Employee "Referral to the Department of Homeland Security" are printed and given to the employee. The referral letter will show the employee's name and Employee's Case Verification Number, as well as the employer name.
The employee should follow the directions in the FIRST PARAGRAPH of the referral letter and call the Department of Homeland Security at the phone number provided in that paragraph to resolve the case. The referral letter goes on to explain that the referral is time sensitive, and at the bottom there's a phone number if the employee has questions about unfair immigration practices.
But to resolve the E-Verify case, the employee should use the phone number in the first paragraph of the referral letter. Our experience has been that the issue is resolved quickly and the employee's E-Verify status is automatically changed from DHS "Referred" to "Resolved - Employment Authorized." Keep in mind that while the employee is in the TNC and Referral process, the employee continues to work and the I-9 in PeopleSoft is "Compliance Verified."
When an international student arrives on campus, they must first "check-in" with the International Office on campus so that the SEVIS record can be activated. In Duluth, when the J-1 (or F-1) visa holder checks-in with the Duluth International Office, a fax is sent to ISSS in the Twin cities. The student's SEVIS record is activated and electronically sent to DHS. The SEVIS activation process for theTwin cities and coordinate campuses is not a new procedure with E-Verify, but rather it's been the standard for years.
The ISSS Web site that explains to the process for F-1 students (and departments) to follow when applying for a social security number is http://www.isss.umn.edu/INSGen/ssn.html. The student must have proof of a job (or job offer) and present that proof along with the standard documentation. ISSS has a template for the hiring department to complete for the student.
The E-Verify system requires that Foreign National Employees apply for a Social Security Number (SSN) before they can complete the I-9 form, and they need to complete the I-9 within 3 days of their employment start date. The Social Security Administration has to verify their status, their Port of Entry information as well as their academic registration, through their electronic system called SAV before they can issue a SSN. This can take anywhere from minutes to 6-8 weeks.
Everyone who applies for a Social Security Number needs to leave the Social Security Administration office with a receipt in order for them to complete their I-9 form. This "receipt" may be a letter that states they have applied but still need to be verified before their application can be processed, or it may be an actual receipt. The student brings the receipt or letter to the Donhowe Building, Room 170 or to the West Bank Office Building, Room 545, and the Online I-9 is completed with the assistance of a central I-9 administrator. There is no central location at the Duluth, Morris, Crookston and Rochester campuses. I-9 administrators complete the I-9 process with the Foreign National.
Employees can begin work and will be paid as of their first day of employment, as long as they have applied for a SSN and completed the I-9.
Once the Social Security Number is received, the employee needs to show it to departmental payroll staff who will update the I-9 information.
The Online I-9 system is a “stand alone” system to capture I-9 data and process that data through E-Verify. A report is run from the Online I-9 system to capture the completed I-9’s hire data and update it to PeopleSoft’s I-9 status. That report is run on Monday and Wednesday each week. The Monday report captures any I-9s completed from the prior Wednesday through Sunday, and the Wednesday report updates I-9s completed on Monday and Tuesday. Since the update of information to PeopleSoft is not “real time,” there will always be a lag from the time the I-9 is completed successfully to when the information is updated to the system. That lag does not prevent the department from entering time to pay entry.
The report script determines the employee’s employee ID by comparing the SSN on the report to the SSN in PeopleSoft. If the employee’s information has not been updated to PeopleSoft by the time the I-9 report runs, the I-9 “Compliance Verified” status cannot be updated to PeopleSoft. A best practice for the department would be to update personal data and job data as soon as the person is hired – not wait until the employee has already started work. That practice will also allow the new employee to get x.500 access to Employee Self-Service.
This is most likely due to an incorrect location being selected for which you do not have access. Once the I-9 is in pending status, the location cannot be changed until the start date. There are two options. One option is to call the OHR Call Center at 612 625-2016 on the employee’s start date. They can change the location and you can see view the I-9 and process section 2.
The other option is to ask the employee to enter a new I-9.
Since the SSN was incorrect, you do not have to wait for the SSA response. You can create a new I-9 for the employee using the correct SSN and document data from the original ones shown to you. Be sure to comment in detail that the original I-9was completed timely but the SSN was incorrect.
When the original incorrect case comes back with a SSN FNC, you can go out and resolve the case using the reason of invalid query.