The following is a brief guide to the federal government’s “E-Verify” system, which allows employers to check employment eligibility documents against a federal database. The U.S. Supreme Court recently upheld an Arizona law that requires employers in Arizona to use the system. In addition to Arizona, some other states have variations of required use. It is currently voluntary for all other employers, although legislation is pending in Congress to make it mandatory.

The system is operated by the United States Citizenship and Immigration Service (USCIS) and the primary database used for verification is the Social Security Administration’s (SSA) social security number database.

How Does the E-Verify System Work?

When a worker is hired, the employer and employee must complete an I-9 Form (“Employment Eligibility Verification” form) within three business days after the employee begins work. Information about the worker from Form I-9 then serves as the foundation for an E-Verify “case,” which must be created no later than three business days after the employee begins work for pay.

E-Verify guides the employer through a series of questions, which follow Form I-9, beginning with the employee's citizenship attestation, document type(s), then biographical information, including name, date of birth, social security number and alien or I-94 number (if a noncitizen). In some cases, the document number and expiration date are also required.

If E-Verify cannot initially match the information, the employer will be prompted to review and correct the information, if necessary. Otherwise, E-Verify will display an initial response within three to five seconds.  

If E-Verify returns an "Employment Authorized" response, the employer can continue to the last step in the verification process and close the case. Ninety-eight percent of employees are automatically confirmed as authorized to work either instantly or within 24 hours, requiring no employee or employer action. The other response—if the employee information does not match government records—is a “tentative nonconfirmation” (TNC) response.

Sometimes, E-Verify's automated search of government records cannot immediately verify employment authorization, and a manual search is required. In this case, E-Verify will return a "DHS Verification in Process" response. The employer must check E-Verify until the employee's case is updated, which usually happens within 24 hours, though it may take as long as three business days. When the employee's case is updated, E-Verify will return either an "Employment Authorized" or TNC response.

A TNC response means that the SSA and/or the U.S. Department of Homeland Security (DHS) could not confirm that the employee's information matches government records. It does not mean an employee is unauthorized to work or is an illegal immigrant as there are legitimate reasons why an employee may receive this result.

There are several types of TNCs, and the type displayed in E-Verify depends on which government agency is involved and the cause for the mismatch:

• SSA Tentative Nonconfirmation: This response indicates that the employee's information could not be verified by SSA. The employee must be notified of the TNC response and referred to SSA.
• DHS Tentative Nonconfirmation: There are two types of "DHS TNCs." The first type means that DHS was unable to verify employment eligibility and the employee is instructed to call DHS to find out how to resolve the discrepancy. The second type is caused by a photographic mismatch, meaning the employer indicated that the photograph displayed by E-Verify did not match the photograph on the employee's document. If the employee contests this type of TNC, the employer must either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense.

The employee can choose to contest the TNC and the employer must print and give the employee a “referral” letter that explains what the employee can do to resolve the TNC.

The employee has eight federal government workdays from date of referral to visit the local Social Security Office or the DHS, depending on the type of TNC. SSA has 10 federal government workdays to update the case result in E-Verify while DHS will update the case result in eight federal government workdays.

During this review period, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status (including denying, reducing or extending work hours or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.

If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the employer can find the employee is not work authorized and terminate the employee’s employment.

To use the system, go to http://www.dhs.gov/e-verify. For more information, contact Stuart Gosswein at stuartg@sema.org.

The following is a brief guide to the federal government’s “E-Verify” system, which allows employers to check employment eligibility documents against a federal database. The U.S. Supreme Court recently upheld an Arizona law that requires employers in Arizona to use the system. In addition to Arizona, some other states have variations of required use. It is currently voluntary for all other employers, although legislation is pending in Congress to make it mandatory.

The system is operated by the United States Citizenship and Immigration Service (USCIS) and the primary database used for verification is the Social Security Administration’s (SSA) social security number database.

How Does the E-Verify System Work?

When a worker is hired, the employer and employee must complete an I-9 Form (“Employment Eligibility Verification” form) within three business days after the employee begins work. Information about the worker from Form I-9 then serves as the foundation for an E-Verify “case,” which must be created no later than three business days after the employee begins work for pay.

E-Verify guides the employer through a series of questions, which follow Form I-9, beginning with the employee's citizenship attestation, document type(s), then biographical information, including name, date of birth, social security number and alien or I-94 number (if a noncitizen). In some cases, the document number and expiration date are also required.

If E-Verify cannot initially match the information, the employer will be prompted to review and correct the information, if necessary. Otherwise, E-Verify will display an initial response within three to five seconds.  

If E-Verify returns an "Employment Authorized" response, the employer can continue to the last step in the verification process and close the case. Ninety-eight percent of employees are automatically confirmed as authorized to work either instantly or within 24 hours, requiring no employee or employer action. The other response—if the employee information does not match government records—is a “tentative nonconfirmation” (TNC) response.

Sometimes, E-Verify's automated search of government records cannot immediately verify employment authorization, and a manual search is required. In this case, E-Verify will return a "DHS Verification in Process" response. The employer must check E-Verify until the employee's case is updated, which usually happens within 24 hours, though it may take as long as three business days. When the employee's case is updated, E-Verify will return either an "Employment Authorized" or TNC response.

A TNC response means that the SSA and/or the U.S. Department of Homeland Security (DHS) could not confirm that the employee's information matches government records. It does not mean an employee is unauthorized to work or is an illegal immigrant as there are legitimate reasons why an employee may receive this result.

There are several types of TNCs, and the type displayed in E-Verify depends on which government agency is involved and the cause for the mismatch:

• SSA Tentative Nonconfirmation: This response indicates that the employee's information could not be verified by SSA. The employee must be notified of the TNC response and referred to SSA.
• DHS Tentative Nonconfirmation: There are two types of "DHS TNCs." The first type means that DHS was unable to verify employment eligibility and the employee is instructed to call DHS to find out how to resolve the discrepancy. The second type is caused by a photographic mismatch, meaning the employer indicated that the photograph displayed by E-Verify did not match the photograph on the employee's document. If the employee contests this type of TNC, the employer must either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense.

The employee can choose to contest the TNC and the employer must print and give the employee a “referral” letter that explains what the employee can do to resolve the TNC.

The employee has eight federal government workdays from date of referral to visit the local Social Security Office or the DHS, depending on the type of TNC. SSA has 10 federal government workdays to update the case result in E-Verify while DHS will update the case result in eight federal government workdays.

During this review period, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status (including denying, reducing or extending work hours or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.

If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the employer can find the employee is not work authorized and terminate the employee’s employment.

To use the system, go to http://www.dhs.gov/e-verify. For more information, contact Stuart Gosswein at stuartg@sema.org.

SEMA-supported legislation to provide that historical vehicle owners only pay a one-time registration fee of $100 upon initial registration was passed by the New York Senate Transportation Committee. The bill will now be considered by the Senate Finance Committee. The reduced registration fee would be available to owners of historical vehicles owned and operated as an exhibition piece or collector’s item and used for club activities, exhibits, tours, parades, occasional transportation and similar uses. Under current New York law, a historical motor vehicle is either a vehicle manufactured more than 25 years ago or one which has unique characteristics and which is determined to be of historical, classic or exhibition value. The $100 one-time fee would replace the current annual fee of $28.75. 

For more information, click here. For details, contact Steve McDonald at stevem@sema.org. 

SEMA-supported legislation to provide that historical vehicle owners only pay a one-time registration fee of $100 upon initial registration was passed by the New York Senate Transportation Committee. The bill will now be considered by the Senate Finance Committee. The reduced registration fee would be available to owners of historical vehicles owned and operated as an exhibition piece or collector’s item and used for club activities, exhibits, tours, parades, occasional transportation and similar uses. Under current New York law, a historical motor vehicle is either a vehicle manufactured more than 25 years ago or one which has unique characteristics and which is determined to be of historical, classic or exhibition value. The $100 one-time fee would replace the current annual fee of $28.75. 

For more information, click here. For details, contact Steve McDonald at stevem@sema.org. 

The new and improved www.SEMAShow.com website offers instant access to a variety of tools to maximize your 2011 SEMA Show investment.

The goal of the www.SEMAShow.com overhaul was simple—enhance our online tools to help exhibitors and attendees get the most out of their SEMA Show experience. The site is now live and in the months leading up to the Show there will be a continuous rollout of new features and updated content.

For visitors looking to exhibit at the upcoming 2011 SEMA Show, a single click on "Buy a Booth" from the homepage can start the process. Attendees looking to register will also find an extremely simple "Attend Show" button that makes it easier than ever to sign-up. The third category of participant—the media—will find quick links to register, as well as a collection of press materials, media contacts and SEMA Show news.

To help with pre-Show planning, visit www.SEMAShow.com and start exploring a virtual map of the Las Vegas Convention Center. All visitors can easily access current renderings of the 2011 SEMA Show floorplan and find out who's exhibiting, where the must-see booths are located and start to make plans for getting the best ROI on their SEMA Show investment. Beyond the individual exhibitors, the homepage now highlights each of the 12 sections of the SEMA Show, including an explanation of each section along with a corresponding schematic. To explore all the different areas of the Las Vegas Convention Center, section-by-section, simply mouse over the corresponding icon and once it "lights up," click for complete details.

For SEMA Show veterans as well as those attending their first Show this November, www.SEMAShow.com features a host of valuable videos designed to showcase highlights from the 2010 Show, as well as clips from seminars covering a wide range of topics, including booth design, cost savings and using social media. To complement the videos, there are several slideshows featuring some of the hottest products and candid moments from last year's Show.

And finally, there are three new ways to stay informed—visit www.SEMAShow.com and click on the icon for Facebook, Twitter and YouTube. This takes you instantly to three of the newest ways to interact with other Show attendees and stay current on the latest updates for the 2011 SEMA Show. If you haven't already, visit www.SEMAShow.com today and tap into SEMA's newest digital resource.

The new and improved www.SEMAShow.com website offers instant access to a variety of tools to maximize your 2011 SEMA Show investment.

The goal of the www.SEMAShow.com overhaul was simple—enhance our online tools to help exhibitors and attendees get the most out of their SEMA Show experience. The site is now live and in the months leading up to the Show there will be a continuous rollout of new features and updated content.

For visitors looking to exhibit at the upcoming 2011 SEMA Show, a single click on "Buy a Booth" from the homepage can start the process. Attendees looking to register will also find an extremely simple "Attend Show" button that makes it easier than ever to sign-up. The third category of participant—the media—will find quick links to register, as well as a collection of press materials, media contacts and SEMA Show news.

To help with pre-Show planning, visit www.SEMAShow.com and start exploring a virtual map of the Las Vegas Convention Center. All visitors can easily access current renderings of the 2011 SEMA Show floorplan and find out who's exhibiting, where the must-see booths are located and start to make plans for getting the best ROI on their SEMA Show investment. Beyond the individual exhibitors, the homepage now highlights each of the 12 sections of the SEMA Show, including an explanation of each section along with a corresponding schematic. To explore all the different areas of the Las Vegas Convention Center, section-by-section, simply mouse over the corresponding icon and once it "lights up," click for complete details.

For SEMA Show veterans as well as those attending their first Show this November, www.SEMAShow.com features a host of valuable videos designed to showcase highlights from the 2010 Show, as well as clips from seminars covering a wide range of topics, including booth design, cost savings and using social media. To complement the videos, there are several slideshows featuring some of the hottest products and candid moments from last year's Show.

And finally, there are three new ways to stay informed—visit www.SEMAShow.com and click on the icon for Facebook, Twitter and YouTube. This takes you instantly to three of the newest ways to interact with other Show attendees and stay current on the latest updates for the 2011 SEMA Show. If you haven't already, visit www.SEMAShow.com today and tap into SEMA's newest digital resource.

The new and improved www.SEMAShow.com website offers instant access to a variety of tools to maximize your 2011 SEMA Show investment.

The goal of the www.SEMAShow.com overhaul was simple—enhance our online tools to help exhibitors and attendees get the most out of their SEMA Show experience. The site is now live and in the months leading up to the Show there will be a continuous rollout of new features and updated content.

For visitors looking to exhibit at the upcoming 2011 SEMA Show, a single click on "Buy a Booth" from the homepage can start the process. Attendees looking to register will also find an extremely simple "Attend Show" button that makes it easier than ever to sign-up. The third category of participant—the media—will find quick links to register, as well as a collection of press materials, media contacts and SEMA Show news.

To help with pre-Show planning, visit www.SEMAShow.com and start exploring a virtual map of the Las Vegas Convention Center. All visitors can easily access current renderings of the 2011 SEMA Show floorplan and find out who's exhibiting, where the must-see booths are located and start to make plans for getting the best ROI on their SEMA Show investment. Beyond the individual exhibitors, the homepage now highlights each of the 12 sections of the SEMA Show, including an explanation of each section along with a corresponding schematic. To explore all the different areas of the Las Vegas Convention Center, section-by-section, simply mouse over the corresponding icon and once it "lights up," click for complete details.

For SEMA Show veterans as well as those attending their first Show this November, www.SEMAShow.com features a host of valuable videos designed to showcase highlights from the 2010 Show, as well as clips from seminars covering a wide range of topics, including booth design, cost savings and using social media. To complement the videos, there are several slideshows featuring some of the hottest products and candid moments from last year's Show.

And finally, there are three new ways to stay informed—visit www.SEMAShow.com and click on the icon for Facebook, Twitter and YouTube. This takes you instantly to three of the newest ways to interact with other Show attendees and stay current on the latest updates for the 2011 SEMA Show. If you haven't already, visit www.SEMAShow.com today and tap into SEMA's newest digital resource.

The new and improved www.SEMAShow.com website offers instant access to a variety of tools to maximize your 2011 SEMA Show investment.

The goal of the www.SEMAShow.com overhaul was simple—enhance our online tools to help exhibitors and attendees get the most out of their SEMA Show experience. The site is now live and in the months leading up to the Show there will be a continuous rollout of new features and updated content.

For visitors looking to exhibit at the upcoming 2011 SEMA Show, a single click on "Buy a Booth" from the homepage can start the process. Attendees looking to register will also find an extremely simple "Attend Show" button that makes it easier than ever to sign-up. The third category of participant—the media—will find quick links to register, as well as a collection of press materials, media contacts and SEMA Show news.

To help with pre-Show planning, visit www.SEMAShow.com and start exploring a virtual map of the Las Vegas Convention Center. All visitors can easily access current renderings of the 2011 SEMA Show floorplan and find out who's exhibiting, where the must-see booths are located and start to make plans for getting the best ROI on their SEMA Show investment. Beyond the individual exhibitors, the homepage now highlights each of the 12 sections of the SEMA Show, including an explanation of each section along with a corresponding schematic. To explore all the different areas of the Las Vegas Convention Center, section-by-section, simply mouse over the corresponding icon and once it "lights up," click for complete details.

For SEMA Show veterans as well as those attending their first Show this November, www.SEMAShow.com features a host of valuable videos designed to showcase highlights from the 2010 Show, as well as clips from seminars covering a wide range of topics, including booth design, cost savings and using social media. To complement the videos, there are several slideshows featuring some of the hottest products and candid moments from last year's Show.

And finally, there are three new ways to stay informed—visit www.SEMAShow.com and click on the icon for Facebook, Twitter and YouTube. This takes you instantly to three of the newest ways to interact with other Show attendees and stay current on the latest updates for the 2011 SEMA Show. If you haven't already, visit www.SEMAShow.com today and tap into SEMA's newest digital resource.

The new and improved www.SEMAShow.com website offers instant access to a variety of tools to maximize your 2011 SEMA Show investment.

The goal of the www.SEMAShow.com overhaul was simple—enhance our online tools to help exhibitors and attendees get the most out of their SEMA Show experience. The site is now live and in the months leading up to the Show there will be a continuous rollout of new features and updated content.

For visitors looking to exhibit at the upcoming 2011 SEMA Show, a single click on "Buy a Booth" from the homepage can start the process. Attendees looking to register will also find an extremely simple "Attend Show" button that makes it easier than ever to sign-up. The third category of participant—the media—will find quick links to register, as well as a collection of press materials, media contacts and SEMA Show news.

To help with pre-Show planning, visit www.SEMAShow.com and start exploring a virtual map of the Las Vegas Convention Center. All visitors can easily access current renderings of the 2011 SEMA Show floorplan and find out who's exhibiting, where the must-see booths are located and start to make plans for getting the best ROI on their SEMA Show investment. Beyond the individual exhibitors, the homepage now highlights each of the 12 sections of the SEMA Show, including an explanation of each section along with a corresponding schematic. To explore all the different areas of the Las Vegas Convention Center, section-by-section, simply mouse over the corresponding icon and once it "lights up," click for complete details.

For SEMA Show veterans as well as those attending their first Show this November, www.SEMAShow.com features a host of valuable videos designed to showcase highlights from the 2010 Show, as well as clips from seminars covering a wide range of topics, including booth design, cost savings and using social media. To complement the videos, there are several slideshows featuring some of the hottest products and candid moments from last year's Show.

And finally, there are three new ways to stay informed—visit www.SEMAShow.com and click on the icon for Facebook, Twitter and YouTube. This takes you instantly to three of the newest ways to interact with other Show attendees and stay current on the latest updates for the 2011 SEMA Show. If you haven't already, visit www.SEMAShow.com today and tap into SEMA's newest digital resource.

Legislation that would give small business owners a voice on the California Air Resources Board (CARB) was passed unanimously by the full California Assembly and will be considered by the Senate Environmental Quality Committee on June 20. Introduced by assembly member Curt Hagman who represents the Diamond Bar district in which SEMA headquarters is located, the bill would create a requirement for one CARB member to be a current owner of a small business. CARB is a department within the California Environmental Protection Agency that is charged with the task of attaining and maintaining healthy air quality, protecting the public from exposure to toxic air contaminants and issuing air pollution rules and regulations. The current 11-person Board does not represent the interests of the small businesses that comprise the regulated community. In light of hard economic times and California’s continued commitment to clean air and green business practices, it is essential that small-business owners be included in important discussions and decisions made by CARB. This measure recognizes that the regulations issued by the Board directly affect small businesses and would ensure that the rights of small business owners are represented.

For more information, click here. For details, contact Steve McDonald at stevem@sema.org.