E-Verify begins checking North Dakota Driver’s Licenses and ID Cards on June 15, 2015

The United States Citizenship and Immigration Services (USCIS) has announced that the E-Verify system will begin checking North Dakota driver’s licenses and ID cards starting Monday, June 15, 2015. North Dakota is the sixth state to join the Records and Information from DMVs for E-Verify (RIDE) Program, which gives employers the ability to validate the authenticity of an employee’s driver’s license, driver’s permit, or state-issued ID card (if presented during the I-9 process). Other participating states include Mississippi, Florida, Idaho, Iowa, and Nebraska.

Launched in June 2011, RIDE was designed to strengthen the “Achilles heal” of E-Verify – namely its inability to detect certain types of document fraud. For example, E-Verify may return a “false positive” result if an employee presents stolen, counterfeit, or “borrowed” identity documents which have been altered so that they appear as if they belong to the employee presenting the ID. The RIDE program attempts to mitigate this risk by comparing the data from the card with data supplied by Motor Vehicle Agencies.

Completing an E-Verify Case for a RIDE-Enabled List B Document

If the employee presents a driver’s license, driver’s permit, or state-issued ID card from a “RIDE-participating” state during the I-9 process, E-Verify will automatically prompt the employer to enter the document number and expiration date. Although the RIDE program does not actually display the driver’s license photo, the system will check to see if the data itself is valid and issue a DHS tentative nonconfirmation (TNC) if it does not match DMV records. In the event of a TNC, the employer must notify the new hire employee (through the Further Action Notice) and provide him/her with the opportunity to contest.

While the process itself is fairly painless (and invisible) to the employer, HR and hiring managers should prepare themselves for the inevitable mismatch which may arise. Here are some general best practices for ensuring a smooth E-Verify ride in your organization:

  1. Choose the right document type and issuing authority

In most states, driver’s licenses and ID cards will often look alike (same agency, similar requirements, etc.), but it’s important that you choose the correct document type during the E-Verify submission in order to avoid a TNC. Fortunately, E-Verify has created a detailed fact sheet for each participating state which provides sample images and descriptions of the different document types. Here are the currently available fact sheets:

 

 

2. Review your TNC policies and procedures

In the past, we’ve noticed a slight uptick in TNCs when a new state goes live with the program. In light of this possibility, employers should ensure that their I-9 verifiers follow a carefully orchestrated TNC process which not only informs the new hire of the mismatch, but also enables him/her to contest the TNC and continue working in the interim. Employers will also need to follow up with pending E-Verify TNCs and take appropriate action when a final result is received back from the system.

 

3. Consider an integrated electronic I-9 and E-Verify system

Employers using an integrated electronic I-9 and E-Verify system can automatically transmit the document ID and expiration date to E-Verify once it has been recorded in section 2 of the I-9 and “approved” for sending to E-Verify. This step not only saves time but also reduces the likelihood that document information might be transcribed incorrectly from the I-9 form (and every mistake can lead to a TNC). A well-designed electronic I-9 system will also apply the correct document ID validation and walk you through the entire TNC process (from employee notification to signature to follow-up).

Need more information on E-Verify RIDE or electronic I-9 system integration? Please contact us with any questions you might have!

 

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John Fay is an immigration attorney and technologist with a deep applied knowledge of I-9 compliance and E-Verify rules and procedures. During his career, John has advised human resource managers and executives on a wide variety of corporate immigration compliance issues, including the implementation of electronic I-9 systems. In his current role, John serves as Executive Vice President and General Counsel at LawLogix, where he is responsible for overseeing product design and functionality while ensuring compliance with ever-changing government rules.