E-Verify Program Data Collection

E -VERIFY SURVEY FOR NON-MANDATORY STATES

Notes on Survey Formatting

1) All areas highlighted in TEAL are those that will be automated by the programmer. Neither the teal nor the instructions to the programmer will appear in the final survey.

2) All words that are colored magenta will have a definition attached. The person completing the survey will be able to scroll over those words and the definition will pop up. (We will need to remind users to enable pop up boxes for the survey.) Any words in magenta on this draft will appear as regular black text in the final survey.

Definitions to be included in Pop-Up boxes

DHS Audit – This involves agents from ICE (U.S. Immigrations and Customs Enforcement) auditing a company’s employment verification procedures. As part of this audit, agents review I-9 forms, company payroll records, W-2 reports, and other documents to determine whether the employer has properly checked all new employees’ identities and work authorizations. Agents also determine whether any counterfeit documents were used as proof of identity and/or employment authorization.

FNC – See Final Nonconfirmation

Final Nonconfirmation – A Final Nonconfirmation, or FNC, is issued when an employee either chose not to contest the finding of an initial mismatch by E-Verify, or was not able to resolve their mismatch with the Social Security Administration (SSA) or the Department of Homeland Security (DHS). An employer receiving an FNC response may terminate the employment of the employee and shall not be civilly or criminally liable for the termination, as long as the employer complied with E-Verify provisions to notify the employee of the tentative non-confirmation finding and action was taken in good faith reliance on the information provided through the E-Verify system. If an employer does not terminate an employee who is the subject of a FNC, that fact must be reported to DHS by selecting the “Employee Not Terminated” resolution option, and a rebuttable presumption is created that the employer is knowingly employing an unauthorized employee.

ICE – The U.S. Immigrations and Customs Enforcement. It is the office within the U.S. Department of Homeland Security charged with worksite enforcement to reduce the demand for illegal employment using strategies that address both employers who knowingly hire illegal workers as well as the workers themselves.

TNC – See Tentative Nonconfirmation

Tentative Nonconfirmation - A Tentative Nonconfirmation, or TNC, is issued when the information submitted to E-Verify does not match with records maintained either by the Social Security Administration (SSA) or the Department of Homeland Security (DHS). It does not necessarily mean that a person is unauthorized to work in the U.S. If a TNC occurs, the employee can contest the response with either SSA or DHS and resolve the mismatch or choose not to contest and be terminated.

Work site – This can include any location of a company that is not its headquarters, or a regional/district office or manufacturing facility. This might include a bank branch, a retail outlet, fast-food restaurant location, dispatch office, or mobile/non-specific location.

Intro:

We are researchers affiliated with the University of Arizona in Tucson, Arizona. We are conducting a survey to find out if, and how, employers are using the Federal government’s E-Verify system to electronically verify their new hires are legally eligible to work in the United States. We are conducting this survey on behalf of U.S. Citizenship and Immigration Services, but no information attributable to you or your company will be shared with them. We will report only the aggregated results of all the surveys. We are hoping to get a sense for the impacts – both positive and negative – of E-Verify on both companies and employees, how E-Verify is being used, and how E-Verify might be improved.

We appreciate your time in assisting us on the survey. We estimate that it will take approximately 30 minutes to complete this survey. If you have any questions, either now or later, you can contact the Principal Investigator on this project, Judith Gans, Manager, Immigration Policy Program, Udall Center for Studies in Public Policy, University of Arizona, 803 East 1st Street, Tucson, AZ 85718, 520-626-9686, [email protected].

NOTE: All the questions in this survey relate to your company’s operations in {THIS STATE}, regardless where your headquarters or other business operations are located.

1. The federal government has developed an Internet-based system called E-Verify that allows employers to electronically verify from data entered on the Form I-9 whether a new hire is legally eligible to work in the United States. Use of E-Verify is mandatory in some states, and for all federal contractors, but is not mandatory in {THIS STATE} for most types of businesses. Regardless, some employers choose to use E-Verify anyway. Do you know if your company uses E-Verify?

• I’ve heard of E-Verify but I don’t know if my company uses it

• I’ve never heard of E-Verify

• No, my company does not use E-Verify

• Yes, my company uses E-Verify

How did you learn about the E-Verify Program? (check all that apply)

• I don’t remember

• News article

• Advertisement

• Government mailing

• Business/professional association

• Other_____________________

For companies who are familiar with, but don’t use E-Verify

2. Please rate each of the reasons why your company has decided not to use E-Verify in {THIS STATE}

Issue	Yes	No	N/A
No new hires			
It is too difficult to transition to a new system			
It is too expensive to transition to a new system			
Even if we transitioned to the new system, E-Verify would be too expensive and/or time consuming to use			
We don’t have access to the Internet			
We feel that the current process meets our needs			
We don’t want the government to have that much information about our business			
We are concerned that enrolling in E-Verify will trigger an ICE raid or DHS audit			
Other (please explain)

3. Please rate how strongly you feel any of the following scenarios might affect your decision to use E-Verify in the future, assuming its use remains optional in {THIS STATE}. [This question would be asked of all respondents except those already using E-Verify.]

Issue	Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
E-Verify offers me a guarantee that my company won’t be fined if it accidentally hires someone who’s not legal to work in the U.S.					
E-Verify is proven to make the hiring process faster in the long run even if it takes time initially to learn and set up					
E-Verify is proven to save money in the long run even if there is initial expense to implement					
E-Verify minimizes the amount of employee paperwork we have to retain on file					
Other (please explain)

4. When your company hires a new employee, who makes the hiring decision and handles employment eligibility and verification (Form I-9 and E-Verify, if applicable) in {THIS STATE}?

• I don’t know

• We make the hiring decision at this location and do the employment verification here

• The hiring decision is made in another location but we do the employment verification here

• The hiring decision is made in another location and they do the employment verification

• We use an employment agency or other third-party provider and they do the employment verification

5. If you do your own employment verification, where does it take place in {THIS STATE}?

• I don’t know

• Centralized, i.e. in a single location such as a headquarters office

• Decentralized, i.e. in the field or in multiple locations

• In both centralized and decentralized locations

• Other (Please explain)

6. Do the locations in {THIS STATE} where your new hire verification takes place have internet access?

• I don’t know

• All locations have access to the internet

• Some locations have internet access, others do not {default to below}

• No locations have internet access {default to below}

For locations that don’t have Internet access, how do you handle new hire verification?

If your company hires some or all of its {THIS STATE} employees through employment agencies or other third-party providers

7. Name(s) of agency(ies)___________________________________________________________

8. Does your company do the employment verification on these employees itself or rely on the employment agencies to do it?

• I don’t know

• Our company does it

• We rely on the employment agency to do it {default to question below, otherwise move on}

9. Are the employment agencies using E-Verify to confirm employment authorization of persons working at your site(s)?

• I don’t know

• Yes, they all do {default to a. below}

• I believe some do, some don’t {default to both a. and b. below}

• I know they are not using E-Verify {default to b. below}

a. Why do you think your employment agency(ies) decided to use E-Verify for your company’s new hires in {THIS STATE}?

Issue	Yes	No	N/A
We are a federal contractor			
We are among the types of companies or organizations for whom E-Verify is mandatory in {THIS STATE}			
We were using the Basic Pilot before and it seemed easiest just to migrate to E-Verify			
We believe E-Verify will become mandatory eventually and we decided to get ahead of the curve			
Other (please explain)

b. Why do you think your employment agency(ies) decided not to use E-Verify for your company’s new hires in {THIS STATE}?

Issue	Yes	No	N/A
No new hires			
We/they feel that the current process meets our needs			
We/they don’t want the government to have that much information about our business			
We/they are concerned that their use of E-Verify will trigger an ICE raid or DHS audit			
Other (please explain)

10. Has there been any change in the cost of doing business with your employment agency(ies) that you can attribute to E-Verify usage? (Please choose only one answer.)

• I don’t know

• Cost has decreased a lot

• Cost has decreased a little

• Cost has stayed the same

• Cost has increased a little {include question 15, otherwise exclude it}

• Cost has increased a lot {include question 15, otherwise exclude it}

If your company uses subcontractors (other than an employment agency) to provide some services to your company in {THIS STATE}

11. Does your company subcontract other aspects of its business to outside vendors in {THIS STATE}?

• I don’t know

• No

• Yes

  • Building and/or landscape maintenance

  • Food service

  • Some categories of professional services (e.g. legal, accounting, IT, etc.)

  • Other_______________________

12. Name(s) of subcontractor(s)_________________________________________

13. Does your company do the employment verification on subcontracted employees in {THIS STATE} itself or rely on the subcontractor to do it?

• I don’t know

• Our company does it

• We rely on the subcontractor to do it

14. Do any of your subcontractors use E-Verify to confirm employment authorization of persons working at your site(s) in {THIS STATE}?

• I don’t know

• Yes, they all do {default to a. below}

• I believe some do, some don’t {default to a. and b. below}

• I know they are not using E-Verify {default to b. below}

a. Why do you think your subcontractor(s) decided to use E-Verify for your company’s new hires in {THIS STATE}?

Issue	Yes	No	N/A
We are a federal contractor			
We are among the types of companies or organizations for whom E-Verify is mandatory in {THIS STATE}			
We were using the Basic Pilot before and it seemed easiest just to migrate to E-Verify			
We believe E-Verify will become mandatory eventually and we decided to get ahead of the curve			
Other (please explain)

b. Why do you think your subcontractor(s) decided not to use E-Verify for your company’s new hires in {THIS STATE}?

Issue	Yes	No	N/A
No new hires			
We/they feel that the current process meets our needs			
We/they don’t want the government to have that much information about our business			
We/they are concerned that their use of E-Verify will trigger an ICE raid or DHS audit			
Other (please explain)

15. Has there been any change in the cost of doing business with your subcontractor(s) that you can attribute to E-Verify usage? (Please choose only one answer.)

• I don’t know

• Cost has decreased a lot

• Cost has decreased a little

• Cost has stayed the same

• Cost has increased a little {include question 15, otherwise move on}

• Cost has increased a lot {include question 15, otherwise move on}

If your company relies on either an employment agency or subcontractor or both

16. Please rate the reasons you think your costs have increased that are attributable to either your employment agency or subcontractor using E-Verify. (Please check all that apply.)

Issue	Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
Costs of implementing and maintaining the E-Verify system is getting passed on to our company					
Resources are spent training employees who are found to be ineligible to work					
Resources are spent providing uniforms or other equipment to employees who are found to be ineligible to work					
Having to pay an employee while he or she contests a TNC					
Greater turnover of employees leading to higher overall hiring costs					
Other (please explain)

17. How many times in the past 12 months has an employment agency or subcontractor notified you that an employee they sent you has received a Tentative Nonconfirmation (TNC) from E-Verify?

• I don’t know

• None

• Other number ____________________

If your company uses E-Verify in house

18. Why did your company decide to use E-Verify?

Issue	Yes	No	N/A
We are a federal contractor			
We are among the types of companies or organizations for whom E-Verify is mandatory in {THIS STATE}			
We were using the Basic Pilot before and it seemed easiest just to migrate to E-Verify			
We believe E-Verify will become mandatory eventually and we decided to get ahead of the curve			
Other (please explain)

19. What policy does your company use to verify new hires through E-Verify? (Please select only one.)

• I don’t know

• We use E-Verify on all new hires

  • Regardless which state they are hired in

  • Only for new hires in {THIS STATE}

• We use E-Verify only on foreign-born new hires

  • Regardless which state they are hired in

  • Only for new hires in {THIS STATE}

• Other__________________

20. How many times have you used E-Verify in the past 12 months? (Please select only one.)

• I don’t know

• None

• Used ______ times total in the last 12 months

21. How many times in the past 12 months have you received a Tentative Nonconfirmation (TNC) from E-Verify on a new hire?

• I don’t know

• None

• Other number __________________

22. Have you seen any effect on the costs of hiring new employees in {THIS STATE} that you think is attributable to E-Verify (and not due to other factors)?

• I don’t know

• Cost has decreased a lot {default to box a. below}

• Cost has decreased a little {default to box a. below}

• Cost has stayed the same

• Cost has increased a little {default to box b. below}

• Cost has increased a lot {default to box b. below}

a. Please rank the reasons you think your costs of hiring new employees in {THIS STATE} have decreased because of using E-Verify.

Issue	Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
E-Verify has reduced the staff resources we need to devote to verifying work eligibility for new employees					
We avoid the expense of hiring employees who are not legally eligible to work in the United States					
E-Verify has enabled us to minimize data entry problems/errors					
We have reduced turnover of employees because we are not inadvertently hiring ones who are ineligible					
Other (please explain)

b. Please rank the reasons you think your costs of hiring new employees in {THIS STATE} have increased because of using E-Verify.

Issue		Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
E-Verify requires additional staff and/or resources (such as computers/internet connections)						
E-Verify requires us to spend resources training our hiring staff on how to use it						
	Our staff now have to spend time clearing up Tentative Nonconfirmations (TNCs)					
	We lose productivity from new hires who are contesting TNCs					
	We have to pay wages to new hires while they contest TNCs					
	We experience greater turnover of employees leading to higher overall hiring costs					
	We spend resources training employees who receive a TNC and either quit or get a Final Nonconfirmation (FNC)					
	We spend resources providing uniforms or other equipment to employees who receive a TNC and either quit or get a FNC					
	Other (please explain)

23. Approximately how much time (in minutes) do you think you spend per new hire on employment verification with E-Verify?__________

24. How does this amount of time compare to what you spent per new hire on employment verification before you started using E-Verify?

• I don’t know

• A lot less time

• A little less time

• About the same amount of time

• A little more time

• A lot more time

25. Regardless whether you feel costs have increased or decreased because of using E-Verify, have you found any of the tasks below especially difficult or time consuming?

Issue	Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
Registering for E-Verify					
Entering data on new hires into the E-Verify system					
Dealing with workers that receive TNCs and/or FNCs					
Using E-Verify when hiring a lot of employees at once					
Closing out cases in the E-Verify system once they are finalized					
Other (please explain)

26. In preparing for E-Verify usage did your company need to purchase new equipment, purchase new furniture or remodel your location to implement usage? (These costs should be directly related to E-Verify and not to purchases/changes your company was planning to do anyway.)

One-Time Expenses	Had to Purchase	Estimated One-Time Expense	N/A
New Computer hardware		$	
Additional equipment or lines to access the Internet		$	
Additional filing cabinets or other office equipment		$	
Remodeling or restructuring of the office where employment verification is done		$	
Initial training for employees on how to use E-Verify		$	

27. What on-going costs does your company now have that are directly attributable to using the E-Verify program?

On-Going Expenses	Incur this Cost	Estimated Annual Cost	N/A
Computer Maintenance		$	
Telephone, DHL, T1 or other Internet access fees		$	
Training of replacement staff		$	
Wages for verification specialist(s)		$	
Other (please explain)		$	

28. Please indicate how burdensome it has been for your company both to set up the E-Verify program and to maintain it

Issue	An Extreme Burden	A Moderate Burden	A Slight Burden	Not a Burden
Costs associated with setting up E-Verify				
Costs associated with maintaining E-Verify				

29. Please indicate your reactions to the comments about E-Verify below {will limit number of issues that can be seen at one time}

Issue	Strongly Agree	Agree	Disagree	Strongly Disagree	N/A
Learning how to use the system is hard					
The system is not user friendly					
We experience a lot of data entry problems					
We now have a more complicated hiring process					
We get a lot of TNCs					
There are more new hires because of turnover caused from using E-Verify					
The number of qualified applicants has decreased because we use E-Verify					
Some employees have had to be terminated because of E-Verify findings					
Using E-Verify has created a competitive advantage for our company
Some employees have left the company rather than be verified					
Some employees have expressed concern about the requirement					
Some employees have complained about being teased or harassed that they might not be work authorized					
We hire a lot of foreign workers					
Using E-Verify has affected the morale of employees					

30. If you have changed your hiring practices since using E-Verify, please describe how:

31. Of the new hires that received a TNC, how many made the following choices:

Number of Employees who chose	None	1 – 2	3 +	I Don’t know
Employee chose not to contest the TNC and either quit or allowed themselves to be terminated				
Employee contested the TNC but ultimately received a Final Nonconfirmation (FNC) and had to be terminated				
Employee contested the TNC but ultimately received a Final Nonconfirmation (FNC) and was not terminated				
Employee was cleared and deemed eligible to work in the U.S.				
Other (please explain)

32. How long, on average, did it take a worker either to clear the TNC or receive a FNC?

• Same day

• One day

• Two to five days

• More than five days

For all E-Verify users

33. Overall, how satisfied are you with E-Verify?

• I don’t know/don’t have an opinion

• Very satisfied

• Somewhat satisfied

• Somewhat dissatisfied (please explain why below)

• Very dissatisfied (please explain why below)

34. How accurate do you perceive E-Verify to be in verifying a person’s eligibility to work in the US?

• I don’t know/don’t have an opinion

• Accurate

• Inaccurate (please explain why below)

35. Compared to the risk of hiring someone who is not legally eligible to work in the United States, how much of a hassle do you perceive dealing with TNCs and FNCs to be?

• Somewhat of a hassle, but beneficial

• Somewhat of a hassle, and not beneficial

• Neutral

• A large hassle, but beneficial

• A large hassle, and not beneficial

36. Do you feel that using E-Verify offers your company any greater protection from liability if you do hire someone later found ineligible to work in the United States?

• Yes

• No

• Neutral, neither greater nor lesser protection from liability

• I don’t know/don’t have an opinion

37. What problems (that you haven’t already mentioned) have you had with E-Verify?

38. What suggestions would you have for the federal government if it decides to make E-Verify mandatory?

39. If E-Verify usage becomes mandatory for all employers nationally, how will this affect your company’s operations?

• Little to no impact

• Some impact but the company will be able to manage

• No impact

• Large impact, but the company will be able to manage

• Large impact, and the company’s operations will be greatly affected. (Please explain why below.)

40. If E-Verify’s usage become mandatory nationally, what do you think are the most effective ways to let employers know about it?

• News articles

• Advertisements

• Government mailings

• Business/professional associations

• Other ____________________

Company Background Information

41. How many positions has this company filled in the past 12 months with NEW hires?_________

42. How many employees does your company have in {THIS STATE}?

• <10

• 10 to 99

• 100 to 499

• 500 or more

43. How many employees does your company have OVERALL?

• <10

• 10 to 99

• 100 to 499

• 500 or more

44. How many different locations do you have in {THIS STATE}?

• Fewer than 5

• 5 to 10

• 10 to 25

• 25 to 75

• More than 75_____________

45. What percent of your workforce is: [the computer will flag if this doesn’t add to 100%]

a. Salaried (e.g., managers, professionals, and technical staff) percent___________

b. Skilled hourly (e.g. sales, clerical, craft workers) percent_________________

c. Unskilled hourly (operatives, laborers, service workers) percent____________

46. What were the most recent annual revenues for your company?

a. Annual revenues in {THIS STATE}

• $750,000 or less

• $750,001 to $5 million

• $5 to $25 million

• $25 million to $100 million

• $100 million and above

b. Annual revenues OVERALL

• $750,000 or less

• $750,001 to $5 million

• $5 to $25 million

• $25 million to $100 million

• $100 million and above

47. Are the company’s operations in {THIS STATE} (check all that apply)

• Headquarters

• Regional/District Office

• Manufacturing facility

• Work site other than above

48. What is the ownership structure of this company?

 Sole Proprietorship

 Partnership

 Corporation

 Regular or C

 Subchapter S

 Limited Liability Company

 Governmental entity

 University or research institution

 Non-Profit organization

 Other________________

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