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Page 1 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number: Client Company ID Number:

THE E-VERIFY

MEMORANDUM OF UNDERSTANDING

FOR EMPLOYERS USING AN E-VERIFY EMPLOYER AGENT

ARTICLE I

PURPOSE AND A

UTHORITY

E-Verify is a program tha

t electronically confirms an employee’s eligibility to work in the United States

after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of

Understanding (MOU) explains certain features of the E-Verify program and describes specific

responsibilities of the Employer, the E-Verify Employer Agent, the Social Security 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

A. RESPONSIBILITIES OF THE EMPLOYER

1. The E

mployer agrees to display the following notices supplied by DHS in a prominent place that is

clearly visible to prospective employees and all employees who are to be verified through the system:

a. Notice of E-Verify Participation

b. Notice of Right to Work

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

The parties to this agreement are the Department of Homeland Security (DHS), the <employer_name>

(Employer), and the E-Verify Employer Agent. The purpose of this agreement is to set forth terms and

conditions which the Employer and the E-Verify Employer Agent will follow while participating in

E-Verify.

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representatives’ contact information changes.

3. The Employer shall become familiar with and comply with the most recent version of the E-Verify

User Manual. The Employer will obtain the E-Verify User Manual from the E-Verify Employer Agent.

4. The Employer agrees to comply with current Form I-9 procedures, with two 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 1-888-464-4218.

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 I-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 the photocopy to verify the photo and to assist DHS

with its review of photo mismatches that employees contest. DHS may in the future designate

other documents that activate the photo screening tool.

Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right

to present any List A, or List B and List C, document(s) to complete the Form I-9.

5. 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.

6. 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-discrimination provision of the INA: (1) List B

identity documents must have photos, as described in paragraph 5 above; (2) When an Employer

confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,

the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of

the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the

Employer receives a final 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 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.

b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other

enforcement or compliance activity authorized by law, including site visits, to ensure proper use of

E-Verify.

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7. The Employer is strictly prohibited from creating an E-Verify case before the employee has been

hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was

completed. The Employer agrees to create an E-Verify case for new 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.

8. 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.

9. The Employer must use E-Verify (through its E-Verify Employer Agent) for all new employees. The

Employer will not verify selectively and will not verify employees hired before the effective date of this

MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as

described in Article II.B of this MOU.

10. 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 English and the translated notice and letter for employees with

limited English proficiency to employees. The Employer agrees to provide written referral instructions

to employees and instruct affected employees to bring the English copy of the letter to the SSA. The

Employer must allow employees to contest the finding, and not take adverse action against employees

if they choose to contest the finding, while their case is still pending. Further, when employees contest

a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps

(see Article III.B below) to contact DHS with information necessary to resolve the challenge.

11. 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 employee is not work

authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest

the finding, and if he or she does so, 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, delaying or preventing training, requiring an

employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal

contract or other assignment, or otherwise assuming 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

mismatch 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.

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Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-

4218 (customer service) or 1-888-897-7781 (worker hotline).

12. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of

the INA as applicable by not discriminating unlawfully against any 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 INA or Title VII may also lead to the termination of its

participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,

it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

13. The Employer agrees that it will use the information it receives from E-Verify (through its E-Verify

Employer Agent) 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 necessary to protect its

confidentiality, including ensuring that it is not disseminated to any person other than employees of the

Employer who are authorized to perform the Employer's responsibilities under this MOU, except for

such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.

14. The Employer agrees to notify DHS immediately in the event of a breach of personal information.

Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All

suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email a

E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when

sending a breach report to E-Verify.

15. The Employer acknowledges that the information it receives through the E-Verify Employer Agent

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.

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

evaluation of E-Verify (whether directly or through their E-Verify Employer Agent), which includes

permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9

and other employment records and to interview it and its employees regarding the Employer’s use of E-

Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to

their participation in E-Verify.

17. The Employer shall not make any false or unauthorized claims or references about its participation

in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its

services as federally-approved, federally-certified, or federally-recognized, or use language with a

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similar intent on its website or other 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.

18. The Employer shall not state in its website or other public documents that any language used

therein has been provided or approved by DHS, USCIS or the Verification Division, without first

obtaining the prior written consent of DHS.

19. The Employer agrees that E-Verify trademarks and logos may be used only under license by

DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not

be used in any manner that might imply that the Employer’s services, products, websites, or

publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.

20. 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.

21. The Employer agrees that it will notify its E-Verify Employer Agent immediately if it is awarded a

federal contract with the FAR clause. Your E-Verify Employer Agent needs this information so that it

can update your company’s E-Verify profile within 30 days of the contract award date.

B. RESPONSIBILITIES OF E-VERIFY EMPLOYER AGENT

1. The E-Verify Employer Agent agrees to provide to the SSA and DHS the names, titles, addresses,

and telephone numbers of the E-Verify Employer Agent representatives who will be accessing

information under E-Verify and shall update them as needed to keep them current.

2. The E-Verify Employer Agent agrees to become familiar with and comply with the E-Verify User

Manual and provide a copy of the most current version of the E-Verify User Manual to the Employer so

that the Employer can become familiar with and comply with E-Verify policy and procedures.

The E-Verify Employer Agent agrees to obtain a revised E-Verify User Manual as it becomes available

and to provide a copy of the revised version to the Employer no later than 30 days after the manual

becomes available.

3. The E-Verify Employer Agent agrees that any person accessing E-Verify on its behalf is trained on

the most recent E-Verify policy and procedures.

4. The E-Verify Employer Agent agrees that any E-Verify Employer Agent Representative who will

perform employment verification cases will complete the E-Verify Tutorial before that individual initiates

any cases.

a. The E-Verify Employer Agent agrees that all E-Verify Employer Agent representatives will take

the refresher tutorials initiated by the E-Verify program as a condition of continued use of E-Verify,

including any tutorials for Federal contractors, if any of the Employers represented by the E-Verify

Employer Agent is a Federal contractor.

b. Failure to complete a refr

esher tutorial will prevent the E-Verify Employer Agent and Employer

from continued use of E-Verify.

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

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E-Verify access. The E-Verify Employer Agent 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.

6. The E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required

by the E-Verify rules and regulations as modified from time to time.

7. The E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies,

commit sufficient personnel and resources to meet the requirements of this MOU.

8. The E-Verify Employer Agent agrees to provide its clients with training on E-Verify processes,

policies, and procedures. The E-Verify Employer Agent also agrees to provide its clients with ongoing

E-Verify training as needed. E-Verify is not responsible for providing training to clients of E-Verify

Employer Agents.

9. The E-Verify Employer Agent agrees to provide the Employer with the notices described in Article

II.B.1 below.

10. The E-Verify Employer Agent agrees to create E-Verify cases for the Employer it represents in

accordance with the E-Verify Manual, the E-Verify Web-Based Tutorial and all other published E-Verify

rules and procedures. The E-Verify Employer Agent will create E-Verify cases using information

provided by the Employer and will immediately communicate the response back to the Employer. If

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

operational in order to accommodate the E-Verify Employer Agent’s attempting, in good faith, to make

inquiries on behalf of the Employer during the period of unavailability

11. When the E-Verify Employer Agent receives notice from a client company that it has received a

contract with the FAR clause, then the E-Verify Employer Agent must update the company’s E-Verify

profile within 30 days of the contract award date.

12. If data is transmitted between the E-Verify Employer Agent and its client, then the E-Verify

Employer Agent agrees to protect personally identifiable information during transmission to and from

the E-Verify Employer Agent.

13. The E-Verify Employer Agent agrees to notify DHS immediately in the event of a breach of

personal information. Breaches are defined as loss of control or unauthorized access to E-Verify

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.

14. The E-Verify Employer Agent agrees to fully cooperate with DHS and SSA in their compliance

monitoring and evaluation of E-Verify, including permitting DHS, SSA, their contractors and other

agents, upon reasonable notice, to review Forms I-9, employment records, and all records pertaining to

the E-Verify Employer Agent’s use of E-Verify, and to interview it and its employees regarding the use

of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to

their participation in E-Verify.

15. The E-Verify Employer

Agent shall not make any false or unauthorized claims or references about

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its participation in E-Verify on its website, in advertising materials, or other media. The E-Verify

Employer Agent shall not describe its services as federally-approved, federally-certified, or federally-

recognized, or use language with a similar intent on its website or other materials provided to the

public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify

Employer Agent services and any claim to that effect is false.

16. The E-Verify Employer Agent shall not state in its website or other public documents that any

language used therein has been provided or approved by DHS, USCIS or the Verification Division,

without first obtaining the prior written consent of DHS.

17. The E-Verify Employer Agent agrees that E-Verify trademarks and logos may be used only under

license by DHS/USCIS (see M-795 (Web)

) and, other than pursuant to the specific terms of such

license, may not be used in any manner that might imply that the E-Verify Employer Agent’s services,

products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS,

USCIS, or E-Verify.

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

than as authorized by this MOU, the E-Verify Employer Agent may be subject to appropriate legal

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

C. RESPONSIBILITIES OF FEDERAL CONTRACTORS

The E-Verify Employer Agent shall ensure that the E-Verify Employer Agent and the Employers

represented by the E-Verify Employer Agent carry out the following responsibilities if the Employer is a

Federal contractor or becomes a federal contractor. The E-Verify Employer Agent should instruct the

client to keep the E-Verify Employer Agent informed about any changes or updates related to federal

contracts. It is the E-Verify Employer Agent’s responsibility to ensure that its clients are in compliance

with all E-Verify policies and procedures.

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 in Subpart 22.18 of the

FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in

FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer

may not reverify the employee through E-Verify.

a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time 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

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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.

b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a

contract award must use E-Verify to begin verification of employment eligibility for new hires of the

Employer who are working in the United States, whether or not assigned to the contract, within

three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal

contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90

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 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 Indian tribes, or sureties

performing under a takeover agreement entered into with a Federal agency under a performance

bond may choose to only verify new and existing employees assigned to the Federal contract. Such

Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired

after November 6, 1986. Employers in this category 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.

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:

i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,

ii. The employee’s work authorization has not expired, and

iii. The Employer has reviewed the information reflected in the Form I-9 either in person or

in communications with the employee to ensure that the employee’s Section 1, Form I-9

attestation has not changed (including, but not limited to, a lawful permanent resident alien

having become a naturalized U.S. citizen).

f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the

previous Form I-9 to provide the necessary information if:

i. The Employer cannot determine that Form I-9 complies with Article II.A.6,

ii. The employee’s basis for work authorization as attested in Section 1 has expired or

changed, or

iii. The Form I-9 contains no SSN or is otherwise incomplete.

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Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form 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.

g. The Employer agrees not to require a second verification using E-Verify of any assigned

employee who has previously been verified as a newly hired employee 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 other officials authorized to review the Employer’s compliance with

Federal contracting requirements.

D. RESPONSIBILITIES OF SSA

1. SSA agrees to allow DHS to compare data provided by the Employer (through the E-Verify

Employer Agent) 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 the E-Verify Employer

Agent) through E-Verify procedures. SSA also agrees to limit access to such information, as is

appropriate by law, to individuals responsible for the verification of Social Security numbers or

responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA

as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and

SSA regulations (20 CFR Part 401).

3. SSA agrees to provide case results from its database within three Federal Government work days of

the initial inquiry. E-Verify provides the information to the E-Verify Employer Agent.

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 days may be necessary. In such cases, SSA will provide additional instructions to the

employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final

nonconfirmation to the E-Verify Employer Agent.

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

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

E. RESPONSIBILITIES OF DHS

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

Employer (through the E-Verify Employer Agent) to conduct, to the extent authorized by this MOU:

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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 E-Verify Employer Agent with operational problems associated with its

participation in E-Verify. DHS agrees to provide the E-Verify Employer Agent names, titles, addresses,

and telephone numbers of DHS representatives to be contacted during the E-Verify process.

3. DHS agrees to provide to the E-Verify Employer Agent with access to E-Verify training materials as

well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and

requirements for both SSA and DHS, including restrictions on the use of E-Verify.

4. DHS agrees to train E-Verify Employer Agents on all important changes made to E-Verify through

the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without

changes to E-Verify, DHS reserves the right to require E-Verify Employer Agents to take mandatory

refresher tutorials.

5. DHS agrees to provide to the Employer (through the E-Verify Employer Agent) a notice, which

indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-

discrimination 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 E-Verify Employer Agent’s E-Verify users a unique user

identification number and password that permits them to log in to E-Verify.

7. HS agrees to safeguard the information the Employer provides (through the E-Verify Employer

Agent), and to limit access to such information to individuals responsible for the verification process, for

evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law.

Information will be used only to verify the accuracy of Social Security numbers and employment

eligibility, to enforce the INA and Federal criminal laws, and to administer 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 necessary. In such cases, DHS will provide additional

verification instructions.

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Company ID Number: Client Company ID Number:

ARTICLE III

REFERRAL OF INDIVIDUALS TO SSA AND DHS

A. REFERRAL TO SSA

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 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 also agrees to provide both the English and the translated notice and letter for

employees with limited English proficiency to employees. The Employer agrees to provide written

referral instructions to employees and instruct affected employees to bring the English copy of the letter

to the SSA. The Employer must allow employees to contest the finding, and not take adverse action

against employees if they 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. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as

directed by E-Verify. The Employer must record the case verification number, review the employee

information submitted to E-Verify to identify any errors, and find out whether the employee contests the

tentative nonconfirmation. The Employer will transmit the Social Security number, or any other

corrected employee information that SSA requests, to SSA for verification again if this review indicates

a need to do so.

4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work

days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal

Government work days of the referral unless it determines 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.

6. The Employer agrees not to ask the employee to obtain a printout from the Social Security

Administration number database (the Numident) or other written verification of the SSN from the SSA.

B. REFERRAL TO DHS

1. If the Employer receives a tentative nonconfirmation issued by DHS, 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 also agrees to provide both the

English and the translated notice and letter for employees with limited English proficiency to

employees. The Employer must allow employees to contest the finding, and not take adverse action

against employees if they 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

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Company ID Number: Client Company ID Number:

nonconfirmation.

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

tentative nonconfirmation.

4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the

employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight

Federal Government work days.

5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative

nonconfirmation notice and follow the instructions outlined in 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 specified by the DHS representative who will

determine the photo match or mismatch.

8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal

Government work days of the referral unless it determines that more than 10 days is necessary.

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

updates.

ARTICLE IV

SERVICE PROVISIONS

A. NO SERVICE FEES

1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The

Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an

Employer will need a personal computer with Internet access.

ARTICLE V

MODIFICATION AND TERMINATION

A. MODIFICATION

1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the

SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all

parties.

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Company ID Number: Client Company ID Number:

2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify

checking against additional data sources and instituting new verification policies or procedures, will be

covered under this MOU and will not cause the need for a supplemental MOU that outlines these

changes.

B. TERMINATION

1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days

prior written notice to the other parties. In addition, any Employer represented by the E-Verify

Employer Agent may voluntarily terminate this MOU upon giving DHS 30 days’ written notice.

2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the

Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of

the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach

of system integrity or security by the Employer, or a failure on the part of the Employer to comply with

established E-Verify procedures and/or legal requirements. The Employer understands that if it is a

Federal contractor, termination of this MOU by any party for any reason may negatively affect the

performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state

where E-Verify is mandatory, termination of this by any party MOU may negatively affect the

Employer’s business.

3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that

requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor

must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such

notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this

MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify

procedures to verify the employment eligibility of all newly hired employees.

4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer

is terminated from E-Verify.

5. Upon termination of the relationship between an Employer and their E-Verify Employer Agent,

E-Verify cannot provide the Employer with its records. The Employer agrees to seek its records from

the E-Verify Employer Agent.

ARTICLE VI

PARTIES

A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s),

and SSA and DHS may adjust verification responsibilities between each other as necessary. By

separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this

MOU.

B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive

or procedural, enforceable at law by any third party against the United States, its agencies, officers, or

employees, or against the Employer, its agents, officers, or employees.

C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control

or merger, all or any part of its rights or obligations under this MOU without the prior written consent of

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DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,

or transfer any of the rights, duties, or obligations herein is void.

D. Each party shall be solely responsible for defending any claim or action against it arising out of or

related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but

not limited to) any dispute between the Employer and any other person or entity regarding the

applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.

E. The Employer understands that its participation in E-Verify is not confidential information and may

be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,

Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with

Federal contractual requirements, and responses to inquiries under the Freedom of Information Act

(FOIA).

F. The individuals whose signatures appear below represent that they are authorized to enter into

this MOU on behalf of the Employer, the E-Verify Employer Agent, and DHS respectively. The

Employer understands that any inaccurate statement, representation, data or other information

provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its

MOU and/or; (3) possible debarment or suspension.

G. The foregoing constitutes the full agreement on this subject between DHS, the Employer, and the

E-Verify Employer Agent. <employer_name> (Employer) hereby designates and appoints

<agent_name> (E- Verify Employer Agent), including its officers and employees, as the E-Verify

Employer Agent for the purpose of carrying out (Employer) responsibilities under the MOU between

the Employer, the E-Verify Employer Agent, and DHS.

Page 15 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number: Client Company ID Number:

If you have any questions, contact E-Verify at 1-888-464-4218.

Approved by:

Employer

Name (Please Type or Print) Title

Signature Date

E-Verify Employer Agent

Name (Please Type or Print) Title

Signature Date

Department of Homeland Security – Verification Div

ision

Name (Please Type or Print) Title

Signature Date

Page 16 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number:

Client Company ID Number:

Information Required for the E-Verify Program

Information relating to your Company:

Company Name

Company Facility Address

Company Alternate Address

County or Parish

Employer Identification Number

North American Industry

Classification

Systems Code

Parent Company

Number of Employees

Number of Sites Verified for

Page 17 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number:

Client Company ID Number:

Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in

each State:

Page 18 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number:

Client Company ID Number:

Information relating to the Program Administrator(s) for your Company on policy questions or

operational problems:

Page 19 of 19 E-Verify MOU for Employers Using an E-Verify Employer Agent | Revision Date 06/01/13

Company ID Number:

Client Company ID Number:

This list represents the first 20 Program Administrators listed for this company.

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