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Etlerify ffi@ <br />Company lD Number: 113770 <br />employed an unauthorized alien in violation of section 27aA(a)(1)(A); and (5) no E-Verify participant is <br />civilly or criminally liable under any law for any action taken in good faith based on information provided <br />through the E-Verify. <br />b. DHS reserves the right to conduct Form l-9 compliance inspections, as well as any other enforcement <br />or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. <br />9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, <br />meaning that a firm offer of employment was extended and accepted and Form l-9 was completed. The <br />Employer agrees to create an E-Verify case for new employees within three Employer business days after each <br />employee has been hired (after both Sections l and 2 of Form l-9 have been completed), and to complete as <br />many steps of the E-Verify process as are necessary according to the E-Verify User Manual. lf E-Verify is <br />temporarily unavailable, the three-day time period will be extended until it is again operational in order to <br />accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. <br />10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of <br />any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not <br />authorize. <br />11. TheEmployermustuseE-Verifyforallnewemployees. TheEmployerwillnotverifyselectivelyandwill <br />not verify employees hired before the effective date of this MOU. Emptoyers who are Federal contractors may <br />qualify for exceptions to this requirement as described in Article ll.B of this MOU. <br />12. The Employer agrees to follow appropriate procedures (see Article lll below) regarding tentative <br />nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them <br />with the notice and letter containing information specific to the employee's E-Verify case. The Employer <br />agrees to provide both the English and the translated notice and letterfor employees with limited English <br />proficiency to employees. The Employer agrees to provide written referraI instructions to employees and <br />instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow <br />employees to contest the finding, and not take adverse action against employees if they choose to contest the <br />finding, while their case is stilI pending. Further, when emptoyees contest a tentative nonconfirmation based <br />upon a photo mismatch, the Employer must take additionalsteps <br />(see Articte lll.B. below) to contact DHS with information necessary to resolve the chaltenge. <br />13. The Employer agrees not to take any adverse action against an employee based upon the employee's <br />perceived employment etigibitity status while SSA or DHS is processing the verification request unless the <br />Employer obtains knowledge (as defined in 8 C.F.R. 5 27aa.1(l)) that the emptoyee is not work authorized. The <br />Employer understands that an initial inability of the SSA or DHS automated verification system to verify work <br />authorization, a tentative nonconfirmation, a case in continuance <br />(indicating the need for additional time for the government to resolve a case), or the finding of a photo <br />mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work <br />authorized. ln any of such cases, the employee must be provided a full and fair opportunity to contest the <br />finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment <br />consequences based upon the employee's perceived employment etigibitity status <br />Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13