E-Verify Self-Check

Effective March 21, 2011 the E-Verify Self Check (“Self-Check”) service will be available for individual users to check their own work authorization status prior to employment, and to facilitate the correction of potential errors in federal databases that feed into the E-Verify process.

Important Facts About Self-Check:

·         Self-Check is part of E-Verify, a Department of Homeland Security (DHS) program administered by the United States Citizenship & Immigration Services (USCIS) in partnership with the Social Security Administration (SSA).

·         It is a free internet based application and it can only be used by an individual user who is over the age of 16, and who wishes to check his/her employment eligibility status on a voluntary basis.

·         While E-Verify is available to U.S. businesses, Self-Check is available to individuals users.

·         The initial pilot program is only available to users who maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, or Virginia.

The Self-Check Verification Process Involves Four Steps:

1.       Self-Check Overview: Offers basic program information.

2.       Identity Assurance: Self-Check generates knowledge based questions using personal information provided by the user.

3.       Employment Eligibility Verification: A user’s employment eligibility information is gathered and checked through by E-Verify against DHS and SSA records.

4.       Serf Check Results: The user is notified of the Self-Check results and if applicable, receives guidance on how to correct any data mismatches in SSA or DHS records.

Q&A

Q: Can a current or potential employer require a user to request verification of a positive Self-Check result?

A: No, it is unlawful for a current or potential employer to request the same.

Q: How is the user’s privacy protected?

A: In order to protect the user’s privacy and personal information, Self-Check is designed to require the user to authenticate his/her information before the user is allowed to access the information Self-Check has about the user. 

Q: Does USCIS retain all the user’s information collected via Self-Check?

A: No. After the user enters basic information (name, date of birth, social security number and address), the information is forwarded to an independent, secure, third party identity assurance service to generate knowledge based questions. Upon completion of the quiz and if DHS receives sufficient information to verify the user’s identity, the user will return to Self-Check to complete the employment eligibility check.  Neither DHS nor any of its component agencies will have access to the answers provided by the user.  In addition, all information entered in Self-Check will be deleted at the end of the user’s session.

Q: Can a user verify someone else’s work eligibility?

A: No

Q: Is a DHS or SSA mismatch notification an indication that the user lacks valid work authorization?

A: No, the user may still be authorized to work and will be provided instructions on how to address the mismatch.

Q: What alternatives options are available if Self-Check returns a mismatch notification?

A: The user has the following options:

(1) visit a SSA office to request further investigation (Self-Check will generate a SSA inquiry letter when the user chooses this option);

(2) contact the DHS to request further investigation (Self-Check will generate a DHS inquiry letter when the user chooses this option); or

(3) decline to contact SSA or DHS – this means that if the user is hired by an employer that participates in the E-Verify program, the user is likely to get an E-Verify DHS Tentative Non-Confirmation (TNC). At that time, the user will have the opportunity to contest the TNC by contacting DHS to correct any errors that may exist in the user’s records. If the user chooses not to contest the TNC, or if the user is unable to resolve the problem with his/her records, the user may be terminated by the employer.

The USCIS is releasing Self-Check in phases so it may test and improve the program. The expansion of Self-Check to other states will be based on the success of the pilot program.

JSBarkats PLLC lawyers have extensive experience dealing with employment eligibility verification issues and are available to assist you.  Please contact Eva Frecker at 646.502.7001 or by email at efrecker@jsbarkats.com.