THE RESEARCH FOUNDATION AT STONY BROOK UNIVERSITY is required to use the E-verify System TO VERIFY EMPLOYMENT ELIGIBILITY
What is E-Verify?
To comply with Federal law, RF is required to use the E-verify System to verify employment eligibility. E-verify is an internet based verification system operated by the Department of Homeland Security in partnership with Social Security Administration and United States Citizenship and Immigration Services. The verification process requires completion of Form I-9 Employment Eligibility Verification which is required under the Immigration Reform & Control Act of 1986. The law requires that the prospective employee present documents which demonstrate eligibility to work in the United States prior to the start date of employment or their first day of work at the RF at Stony Brook. A list of acceptable identification documents can be found at Form I-9 Acceptable Documents.
Federal Contracts Affected by the Rule
What is the Rule?
The E-Verify Federal contractor rule requires the insertion of the Federal Acquisition Regulation ( FAR) E-Verify clause into applicable Federal contracts, which requires Federal contractors to use E-Verify to verify the employment eligibility of their new hires regardless of the funding source and all employees (existing and new) assigned to a Federal contract. Beginning September 8, 2009, Federal contracts may contain the E-Verify clause.
Sponsored Awards from the Federal government
If the E-Verify Clause is contained in the terms and conditions of the award then the Research Foundation required to use E-Verify.
Federal Contracts Exempt from the Rule
One or more of the following...
A contract is considered exempt if one or more of the following apply:
→Contracts of less than 120 days
→Contracts of less than the simplified acquisition threshold ($100,000)
→Contracts that include only commercially available off-the-shelf (COTS) items or
modifications to COTS item and related services; and
→Contracts where all work is performed outside the United States
Federal Acquisition Regulation (FAR) E-Verify Clause
Executive Order 13465
Executive Order 13465, signed by President George W. Bush, requires any federal contracts that contain the Federal Acquisition Regulation (FAR) E-Verify Clause use the E-Verify system to establish the employment eligibility of newly hired and current employees who directly perform work on a contract that includes the E-Verify clause. The Research Foundation at Stony Brook University is required to use the E-Verify System to verify employment eligibility.
More E-Verify Clause Questions? Contact the Office of Sponsored Programs
| Form | Description | More About the Form |
|---|---|---|
| Form I-9 | Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. | Form I-9 Acceptable Documents |
| E-Verify and Form I-9 | Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements. | About the differences |
How Long Does E-Verify Take?
The E-Verify system compares the employee's information against both the Social Security Administration and Department of Homeland Security databases and a confirmation will be generated in three to five seconds. A discrepancy with one or both databases may result in a tentative non-confirmation and E-Verify will prompt a further review the submitted information to assure its accuracy.
Tentative Non-Confirmation
A Tentative Non-Confirmation (TNC) indicates that the Social Security Administration (SSA) and /or Department of Homeland Security (DHS) could not confirm that the employee's personal information matches SSA and/or DHS records. A TNC does not mean that the employee is not authorized to work in the United States.
RF Payroll will notify the employee of the TNC. The employee must then go to HR to sign the Notice of Tentative Non-Confirmation, and the SSA or DHS referral letter. The employee must contest the TNC and resolve the discrepancy in their record. Under the law the employee must be allowed to continue working while resolution of a TNC is pending.
SSA TNC
When the employee receives a SSA TNC they must visit an SSA office within 8 Federal workdays to initiate resolution of their TNC. If the employee does not contact the SSA office and 10 Federal government workdays have passed since the date of referral, Research Foundation Payroll will automatically receive a ?SSA No-Show? notice from the SSA office.
DHS TNC
When the employee receives a DHS TNC they must contact DHS by phone within 8 Federal workdays to initiate resolution of their TNC. If the employee does not contact DHS and 10 Federal workdays have passed since the date of referral, Research Foundation Payroll will receive a ?DHS No-Show? notice form DHS office.
Release Time?
Individuals who receive a tentative non-confirmation (TNC) from the federal E-Verify system and choose to contest with the Social Security Administration or Department of Homeland Security will be provided release time to resolve the TNC. Employees should charge the appropriate accrual.
Final Non-Confirmation Received?
If a Final Non-Confirmation is received, the RF will take action up to and including termination of employment. Employment of an employee with a Notice of Final Non-Confirmation cannot be continued without Albany RF Central Human Resource Office and legal review and approval. If it is determined that the employee is work authorized and the RF is legally able to continue employment, campus administrators must work to resolve the case in E-Verify. DHA must be notified of the continued employment. Thorough documentation of work eligibility must also be kept in the personnel file.
Questions? Contact rf_payroll@stonybrook.edu
EMPLOYEES AFFECTED BY THE RULE
NEW Research Foundation Employees
While E-Verify is applicable to federally funded contracts, it is important to note that effective March 1, 2010, all NEW Research Foundation Employees must be E-verified by your RF Payroll Specialist (rf_payroll@stonybrook.edu), regardless of the type of award they are paid from (contract, grant, cooperative agreement, sub-award, etc...). RF Payroll needs documents, which must be unexpired, that establish identity and employment authorization, outlined on page 5 on Form I-9. The E-Verify check may not be initiated until after the candidate has accepted the job offer and after the Form I-9 has been completed in Human Resources.
Employment Only Lasting a Few Days?
The rule does not exempt employees based on the intermittent nature of the work or the length of time spent performing the work. The employee must complete Form I-9 and be verified through the E-Verify system.
No Social Security Number?
If a new employee does not have a Social Security number (SSN) they must apply and receive one within six weeks of employment. Once they have their SSN they must bring the card to Human Resources and then HR will E-Verify the employee.
NOTE: While waiting for a SSN the employee can continue to work because you will have completed the I-9 process with that new employee to verify work authorization. The required I-9 documentation allows your employee to work temporarily without the SSN or the E-Verify system result.
Exceptions to the E-Verify Requirements
Employees directly performing work on a covered contract are exempt from E-Verify requirements if the employee:
⇒Has been continuously employed at the Research Foundation since November 6, 1986; or
⇒Holds an active U.S. Government security clearance of confidential, secret or top secret; or
⇒Has had a background investigation completed and credentials issued pursuant to Homeland Security Presidential Directive (HSPD)-12
Previously verified in E-Verify?
If an employee was previously verified in the E-Verify system, but has a four month or greater break in service, RF Payroll must E-Verify the employee again.
17-month F-1 OPT STEM Extension
For an F-1 OPT STEM student to be eligible for the 17-month extension, the University must be enrolled in E-Verify. All E-Verify participants will receive an E-Verify ID number that an F-1 OPT STEM student requires when filing Form I-765, Application for EmploymentAuthorization.
ADDITIONAL RESOURCES...
Staying Current
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