University of California, Riverside

Human Resources



E-Verify Local Procedure


UC Riverside
E-Verify Local Procedure
October 15, 2009

Background
E-Verify is an internet-based employment verification system designed to check the status of new and existing employees assigned to a federal/subcontract containing the E-Verify clause. E-Verify electronically compares information contained on the Form I-9 with records contained in the Social Security Administration (SSA) and the Department of Homeland Security (DHS) databases to verify the identity and employment eligibility of employees working on federal government contracts and subcontracts. The E-Verify system is operated by the United States Citizenship and Immigration Service (USCIS) through the SSA and DHS.  Effective September 8, 2009, the University of California is required to verify the work status of qualifying new and existing employees hired after November 6, 1986, who work directly on a federal contract and subcontract containing the E-Verify clause by using the E-Verify system. The E-Verify requirements are in addition to the current requirements governing the Employment Eligibility Verification Form (Form I-9) procedures, and are not a substitute.

  1. Definitions
    1. Assigned to a Covered Federal Contract/Subcontract:  
      1. An employee hired after November 6, 1986 whose salary is directly charged to a covered federal contract or is directly performing work under a contract that is required to include the E-Verify clause.
      2. An employee is not considered to be directly performing work under a contract if the employee:
        1. Normally performs support work, such as indirect or overhead functions; and
        2. Does not perform any substantial duties applicable to the contract.
    2. Covered Federal Contract/Subcontract:
      1. A federal contract with a value greater than $100,000, which has a performance period greater than 120 days, and with the execution of the contract occurring in the United States; or
      2. A subcontract based on a prime contract containing the E-Verify clause with a value greater than $3000
    3. E-Verifiable Employees: New and existing employees assigned to a Covered Federal Contract/Subcontract. 
    4. E-Verify General Users:
      1. Conducts most of the online E-Verify queries in their department to determine the employees’ eligibility to work on a Covered Federal Contract/Subcontract (others will be processed by the Program Administrator)
      2. Manages the process through completion
    5. Exempt Employees:
      1. Those hired prior to November 6, 1986
      2. All new hires and existing employees not assigned to a Covered Federal Contract/Subcontract
      3. All new hires and existing employees who normally conduct support work on Covered Federal Contracts/Subcontracts, such as indirect or overhead functions and do not conduct any substantial duties
    6. Program Administrators:  Individuals from Human Resources and Academic Personnel responsible for overseeing the E-Verify process:
      1. Has the ability to conduct the online E-Verify queries to determine the employees eligibility to work on a Covered Federal Contract/Subcontract and conducts the online E-Verify queries to determine the employees eligibility to work on a Covered Federal Contract/Subcontract whenever there is no E-Verify General User in the department available
      2. Assists in the resolution of discrepancies related to E-Verify Tentative & Final Non-confirmation responses
      3. Assists in the resolution of discrepancies related to the supporting work eligibility documentation
      4. Retains all E-Verify Program Records – (Human Resources)
      5. Notifies DHS if it is decided that an employee with a “Final Non-confirmation” response will remain employed by the University
      6. Responds to requests for information from UCOP, DHS and/or SSA
  2. Procedure
    1. At the time a Covered Federal Contract/Subcontract is received by the University, the Office of Research provides a Notice of Award to the organizational unit (copies sent to the Program Administrators, Materiel Management & Payroll) indicating that the contract is a Covered Federal Contract/Subcontract or Materiel Management provides notice to the organizational unit, the department, the Program Administrators, & Payroll
    2. The organizational unit confirms with the department that the Notice of Award of a Covered Federal Contract/Subcontract has been received and assists in identifying E-Verifiable Employees, if necessary
    3. The department immediately provides the designated E-Verify General User/Program Administrator the names of the employees that require an E-Verify query and ensures the Form I-9 and required supporting documentation are complete and available for use during the E-Verify query process (due to the 3 business day query requirement, documentation may need to be hand carried to the designated E-Verify General User/Program Administrator).  Required documentation includes:
      1. Form I-9 
        1. A completed & signed Form I-9 (3/31/16 revision)
      2. Required Supporting Documentation
        1. A photo ID and a SSN (both are required for E-Verifiable Employees – (see the E-Verify Quick Reference Guide for Employers (September 2013) for more information)
          • If Permanent Resident Cards and Employment Authorization Cards are voluntarily presented by the employee as their chosen documents for completion of the employee portion of the Form I-9, the department must make and attach copies to the Form I-9. E-Verify does not require that copies of any other employee documents be made or maintained.
          • If the employee does not have a SSN, an E-Verification cannot occur.  The employee should be instructed to obtain a SSN.  However, if the employee shows acceptable proof of identity and eligibility (verification documents cannot be expired), the employee may continue working while waiting for the SSN.  The employee shall be given 7 calendar days to provide proof to the department that an application for a SSN has been submitted.
    4. The E-Verify General User or Program Administrator will, within 3 business days of a new hire/transfer/promotion of an E-Verifiable Employee, conduct the online E-Verify query to determine the employees’ eligibility to work on a Covered Federal Contract/Subcontract and will notify the department head or designee of the results of the E-Verify query.
      1. Once an “Employment Authorized” response is returned, the record shall be printed and retained, with a copy sent to:
        1. The Program Administrator in Human Resources (staff & academic employees); and
        2. The Program Administrator in Academic Personnel if the employee is an academic employee
      2. If a “SSN Tentative Non-confirmation Notice” or a “DHS Tentative Non-confirmation Notice” is returned, the record shall be printed and provided to the employee for signature.  The employee can choose to contest or not contest the information.
        1. If the employee contests the “Tentative Non-confirmation”, the E-Verify General User/Program Administrator shall also print a “Referral Letter” generated by the E-Verify system that instructs the employee to contact the appropriate agency (either SSA or DHS) within eight (8) federal government work days.  It is the employee’s responsibility to attempt to resolve the Tentative Non-confirmation status.  During the contest period, the employee shall be permitted to continue employment until there is either an “Employment Authorized” or a “Final Non-confirmation” response returned (typically 4-6 weeks).
        2. If the employee fails to contest the Tentative Non-confirmation status within the designated time frame, the E-Verify General User/Program Administrator will consult with appropriate campus personnel (e.g., Human Resources, Labor Relations, Academic Personnel) for final resolution, as the employee may not be authorized to work in the United States. 
        3. If there is a “Final Non-confirmation Notice” response, the employee may be reassigned or possibly terminated in accordance with E-Verify legal requirements, and applicable University policy and collective bargaining agreements. 
          1. The Program Administrator will consult with appropriate (e.g., Human Resources, Labor Relations, Academic Personnel) campus personnel for final resolution.  If it is decided that the employee will remain employed by the University, the Program Administrator will notify DHS
  3. Responsibilities
    1. The Office of Research:
      1. Notifies the organizational unit when a Covered Federal Contract/Subcontract is received and E-Verify is required (copies are sent to the Program Administrators, Materiel Management & Payroll)
    2. Organizational Unit:
      1. The organizational unit notifies the department of the Notice of Award of a Covered Federal Contract/Subcontract and assists in identifying E-Verifiable Employees
    3. The Department:
      1. Immediately provides the designated E-Verify General User/Program Administrator the names of the employees that require an E-Verify query
      2. Ensures the Form I-9 and required supporting documentation are complete and available for use during the E-Verify query process, as they is required to complete the query
      3. Retains the original records
    4. The E-Verify General User:
      1. Conducts the E-Verify query within 3 business days of a new hire/transfer/promotion of an E-Verifiable Employee
      2. Engages in ongoing communication with the department head or designee and the organizational unit during the E-Verification Process
      3. Consults with appropriate campus personnel (e.g., Human Resources, Labor Relations, Academic Personnel) for final resolution in circumstances involving:
        1. Failure of an employee to contest a Tentative Non-confirmation response
        2. A “Final Non-confirmation Notice” response
      4. Successfully complete an online tutorial on the E-Verify website
    5. The Program Administrator in Human Resources:
      1. Conducts the online E-Verify queries whenever there is no E-Verify General User in the department available and notifies the organizational unit and the department of the final outcome
      2. Assists in the resolution of discrepancies related to E-Verify Tentative Non-confirmation/Final Non-confirmation responses and notifies the organizational unit and the department of the final outcome
      3. Assists in the resolution of discrepancies related to the supporting work eligibility documentation
      4. Retains all E-Verify Program Records
      5. Notifies DHS if it is decided that an employee with a “Final Non-confirmation” response will remain employed by the University
      6. Responds to requests for information from UCOP, DHS and/or SSA
      7. Successfully complete an online tutorial on the E-Verify website
      8. Provide departments with E-Verifiable Employees access to the required E-Verify posters
        1. E-Verify
        2. Right to Work
    6. The Program Administrator in Academic Personnel:
      1. Serves as a backup to the Program Administrator in Human Resources
    7. The E-Verifiable Employee:
      1. Participates in the E-Verification process
      2. Attempts to resolve a Tentative Non-confirmation status response

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