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Company ID Number: __________________

THE E-VERIFY

MEMORANDUM OF UNDERSTANDING

FOR EMPLOYERS

ARTICLE I

PURPOSE AND AUTHORITY

The parties to this agreement are the Department of Homeland Security (DHS) and the

Administration (SSA), and DHS.

Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat.

3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR)

Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as

amended, provide authority for Federal contractors and subcontractors (Federal

contractor) to use E-Verify to verify the employment eligibility of certain employees

working on Federal contracts.

ARTICLE II

RESPONSIBILITIES

2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses,

and telephone numbers of the Employer representatives to be contacted about E-Verify.

The Employer also agrees to keep such information current by providing updated

information to SSA and DHS whenever the representatives’ contact information changes.

3. The Employer agrees to grant E-Verify access only to current employees who need E-

Verify access. Employers must promptly terminate an employee’s E-Verify access if the

employee is separated from the company or no longer needs access to E-Verify.

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4. The Employer agrees to become familiar with and comply with the most recent version

of the E-Verify User Manual.

5. The Employer agrees that any Employer Representative who will create E-Verify

exceptions:

a. If an employee presents a "List B" identity document, the Employer agrees to

only accept "List B" documents that contain a photo. (List B documents identified

in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to

establish identity.) If an employee objects to the photo requirement for religious

reasons, the Employer should contact E-Verify at 888-464-4218.

b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form

I-766 (Employment Authorization Document), or U.S. Passport or Passport Card

to complete Form I-9, the Employer agrees to make a photocopy of the document

and to retain the photocopy with the employee’s Form I-9. The Employer will use

7. The Employer agrees to record the case verification number on the employee's Form

I-9 or to print the screen containing the case verification number and attach it to the

employee's Form I-9.

8. The Employer agrees that, although it participates in E-Verify, the Employer has a

responsibility to complete, retain, and make available for inspection Forms I-9 that relate

to its employees, or from other requirements of applicable regulations or laws, including

the obligation to comply with the antidiscrimination requirements of section 274B of the

INA with respect to Form I-9 procedures.

a. The following modified requirements are the only exceptions to an Employer’s

obligation to not employ unauthorized workers and comply with the anti-

nonconfirmation for an employee, but continues to employ that person, the

Employer must notify DHS and the Employer is subject to a civil money penalty

between $550 and $1,100 for each failure to notify DHS of continued employment

following a final nonconfirmation; (4) If the Employer continues to employ an

employee after receiving a final nonconfirmation, then the Employer is subject to a

rebuttable presumption that it has knowingly employed an unauthorized alien in

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violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or

criminally liable under any law for any action taken in good faith based on

information provided through the E-Verify.

employees within three Employer business days after each employee has been hired

(after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many

steps of the E-Verify process as are necessary according to the E-Verify User Manual. If

E-Verify is temporarily unavailable, the three-day time period will be extended until it is

again operational in order to accommodate the Employer's attempting, in good faith, to

make inquiries during the period of unavailability.

10. The Employer agrees not to use E-Verify for pre-employment screening of job

applicants, in support of any unlawful employment practice, or for any other use that this

MOU or the E-Verify User Manual does not authorize.

11. The Employer must use E-Verify for all new employees. The Employer will not verify

12. The Employer agrees to follow appropriate procedures (see Article III below)

regarding tentative nonconfirmations. The Employer must promptly notify employees in

private of the finding and provide them with the notice and letter containing information

specific to the employee’s E-Verify case. The Employer agrees to provide both the

mismatch, the Employer must take additional steps (see Article III.B. below) to contact

DHS with information necessary to resolve the challenge.

13. The Employer agrees not to take any adverse action against an employee based

upon the employee's perceived employment eligibility status while SSA or DHS is

processing the verification request unless the Employer obtains knowledge (as defined in

8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer

understands that an initial inability of the SSA or DHS automated verification system to

verify work authorization, a tentative nonconfirmation, a case in continuance (indicating

the need for additional time for the government to resolve a case), or the finding of a

photo mismatch, does not establish, and should not be interpreted as, evidence that the

or other assignment, or otherwise assuming that he or she is unauthorized to work) until

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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 mismatch or if a secondary verification is completed and a

individual in hiring, firing, employment eligibility verification, or recruitment or referral

practices because of his or her national origin or citizenship status, or by committing

discriminatory documentary practices. The Employer understands that such illegal

practices can include selective verification or use of E-Verify except as provided in part D

below, or discharging or refusing to hire employees because they appear or sound

“foreign” or have received tentative nonconfirmations. The Employer further understands

that any violation of the immigration-related unfair employment practices provisions in

section 274B of the INA could subject the Employer to civil penalties, back pay awards,

and other sanctions, and violations of Title VII could subject the Employer to back pay

awards, compensatory and punitive damages. Violations of either section 274B of the

15. The Employer agrees that it will use the information it receives from E-Verify only to

confirm the employment eligibility of employees as authorized by this MOU. The

Employer agrees that it will safeguard this information, and means of access to it (such

as PINS and passwords), to ensure that it is not used for any other purpose and as

personal data. All suspected or confirmed breaches should be reported by calling 1-888-

464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in

the subject line of your email when sending a breach report to E-Verify.

17. The Employer acknowledges that the information it receives from SSA is governed

by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C.

1306(a)). Any person who obtains this information under false pretenses or uses it for

any purpose other than as provided for in this MOU may be subject to criminal penalties.

18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring

and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and

other agents, upon reasonable notice, to review Forms I-9 and other employment

federally-recognized, or use language with a similar intent on its website or other

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materials provided to the public. Entering into this MOU does not mean that E-Verify

endorses or authorizes your E-Verify services and any claim to that effect is false.

20. The Employer shall not state in its website or other public documents that any

or affiliated with DHS, USCIS, or E-Verify.

22. The Employer understands that if it uses E-Verify procedures for any purpose other

than as authorized by this MOU, the Employer may be subject to appropriate legal action

and termination of its participation in E-Verify according to this MOU.

B. RESPONSIBILITIES OF FEDERAL CONTRACTORS

1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the

employment verification terms in Subpart 22.18 of the FAR, it will become familiar with

and comply with the most current version of the E-Verify User Manual for Federal

Contractors as well as the E-Verify Supplemental Guide for Federal Contractors.

2. In addition to the responsibilities of every employer outlined in this MOU, the Employer

understands that if it is a Federal contractor subject to the employment verification terms

of a contract award must enroll as a Federal contractor in the E-Verify program

within 30 calendar days of contract award and, within 90 days of enrollment, begin

to verify employment eligibility of new hires using E-Verify. The Employer must

verify those employees who are working in the United States, whether or not they

are assigned to the contract. Once the Employer begins verifying new hires, such

verification of new hires must be initiated within three business days after the hire

date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin

verification of employees assigned to the contract within 90 calendar days after

the date of enrollment or within 30 days of an employee’s assignment to the

contract, whichever date is later.

days of enrollment, begin to use E-Verify to initiate verification of new hires of the

contractor who are working in the United States, whether or not assigned to the

contract. Such verification of new hires must be initiated within three business

days after the date of hire. An Employer enrolled as a Federal contractor in E-

Verify must begin verification of each employee assigned to the contract within 90

calendar days after date of contract award or within 30 days after assignment to

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the contract, whichever is later.

c. Federal contractors that are institutions of higher education (as defined at 20

U.S.C. 1001(a)), state or local governments, governments of Federally recognized

enrollment or within 30 days of an employee’s assignment to the contract,

whichever date is later.

d. Upon enrollment, Employers who are Federal contractors may elect to verify

employment eligibility of all existing employees working in the United States who

were hired after November 6, 1986, instead of verifying only those employees

assigned to a covered Federal contract. After enrollment, Employers must elect to

verify existing staff following DHS procedures and begin E-Verify verification of all

existing employees within 180 days after the election.

e. The Employer may use a previously completed Form I-9 as the basis for

creating an E-Verify case for an employee assigned to a contract as long as:

otherwise complies with Article II.C.5, but reflects documentation (such as a U.S.

passport or Form I-551) that expired after completing Form I-9, the Employer shall

not require the production of additional documentation, or use the photo screening

tool described in Article II.A.5, subject to any additional or superseding

instructions that may be provided on this subject in the E-Verify User Manual.

under this MOU or to authorize verification of any existing employee by any

Employer that is not a Federal contractor based on this Article.

3. The Employer understands that if it is a Federal contractor, its compliance with this

MOU is a performance requirement under the terms of the Federal contract or

subcontract, and the Employer consents to the release of information relating to

compliance with its verification responsibilities under this MOU to contracting officers or

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other officials authorized to review the Employer’s compliance with Federal contracting

requirements.

C. RESPONSIBILITIES OF SSA

1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s

database. SSA sends DHS confirmation that the data sent either matches or does not

match the information in SSA’s database.

2. SSA agrees to safeguard the information the Employer provides through E-Verify

Government work days of the initial inquiry. E-Verify provides the information to the

Employer.

4. SSA agrees to update SSA records as necessary if the employee who contests the

SSA tentative nonconfirmation visits an SSA field office and provides the required

evidence. If the employee visits an SSA field office within the eight Federal Government

work days from the date of referral to SSA, SSA agrees to update SSA records, if

appropriate, within the eight-day period unless SSA determines that more than eight

Note: If an Employer experiences technical problems, or has a policy question, the

employer should contact E-Verify at 1-888-464-4218.

D. RESPONSIBILITIES OF DHS

1. DHS agrees to provide the Employer with selected data from DHS databases to

enable the Employer to conduct, to the extent authorized by this MOU:

a. Automated verification checks on alien employees by electronic means, and

b. Photo verification checks (when available) on employees.

2. DHS agrees to assist the Employer with operational problems associated with the

Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles,

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notices issued by the Office of Special Counsel for Immigration-Related Unfair

Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.

6. DHS agrees to issue each of the Employer’s E-Verify users a unique user

Federal contracting requirements.

8. DHS agrees to provide a means of automated verification that provides (in conjunction

with SSA verification procedures) confirmation or tentative nonconfirmation of

employees' employment eligibility within three Federal Government work days of the

initial inquiry.

9. DHS agrees to provide a means of secondary verification (including updating DHS

records) for employees who contest DHS tentative nonconfirmations and photo

mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation

of the employees' employment eligibility within 10 Federal Government work days of the

date of referral to DHS, unless DHS determines that more than 10 days may be

1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer

must print the notice as directed by E-Verify. The Employer must promptly notify

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that more than 10 days is necessary.

5. While waiting for case results, the Employer agrees to check the E-Verify system

regularly for case updates.

choose to contest the finding, while their case is still pending.

2. The Employer agrees to obtain the employee’s response about whether he or she will

contest the tentative nonconfirmation as soon as possible after the Employer receives

the tentative nonconfirmation. Only the employee may determine whether he or she will

contest the tentative nonconfirmation.

3. The Employer agrees to refer individuals to DHS only when the employee chooses to

contest a tentative nonconfirmation.

paragraph 1 of this section for tentative nonconfirmations, generally.

6. The Employer agrees that if an employee contests a tentative nonconfirmation based

upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551,

Form I-766, U.S. Passport, or passport card to DHS for review by:

a. Scanning and uploading the document, or

b. Sending a photocopy of the document by express mail (furnished and paid for

by the employer).

7. The Employer understands that if it cannot determine whether there is a photo

match/mismatch, the Employer must forward the employee’s documentation to DHS as

described in the preceding paragraph. The Employer agrees to resolve the case as