National Survey of E-Verify Employers Pretest

Attachment A-4: Pretest Draft of 2018 Survey of Clients of EEAs

OMB # 1615-0126 Expires: xx/xx/20xx

DHS Privacy Notice

AUTHORITIES: The information requested on this survey is collected under 6 U.S.C. 271 and the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Sec. 401-

405 (Sept. 30, 1996), as amended and codified at 8 U.S.C. 1324a note.

PURPOSE: The primary purpose for providing the requested information on this survey is assist USCIS with determining whether: (1) new and revised questions for the E-Verify National Survey of Employers are clear and easy to answer; (2) questions convey the intended meaning; (3) information requested is available; and (4) questions require an excessive amount of time to complete.

DISCLOSURE: The information you provide is voluntary.

ROUTINE USES: Westat, the authorized contractor acting on behalf of USCIS, may share an overall summary of the responses you provide on this survey with USCIS. However, there are procedures to protect the confidentiality of employer respondents’ individual survey responses. DHS follows approved routine uses described in the associated published system of records notice [DHS/USCIS-011 E-Verify Program] and the published privacy impact assessment [DHS/USCIS/PIA-030 E-Verify] which you can find at www.dhs.gov/privacy.

Paperwork Reduction Action Statement

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 40 minutes per response, including the time for reviewing instructions, and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Research and Evaluation Division, Office of Policy and Strategy, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2210. OMB No. 1615-0126. Do not return the completed form to this address.

Attachment A-4

Pretest Draft of Survey for Clients of EEAs

November 6, 2017

NOTE TO PROGRAMMER:

In section A of the base survey, employers self-identified as clients of EEAs and were routed to this survey after responding “Yes” to the following question:

A6. Does your company have an E-Verify Employer Agent; i.e., another company that uses E-Verify to verify your workers’ employment eligibility?

(Please choose only one response)

1 	Yes ROUTE TO EEA CLIENT SURVEY
2 	No ANSWER A7
3 	Don’t know (SHOW MESSAGE ABOUT FOLLOWUP AND EXIT SURVEY)

SECTION A: Company Background (Continued)

IMPORTANT INSTRUCTION

The remaining questions in this survey are for clients of E-Verify Employer Agents.

• In question A6, you indicated that your company has another company use

E-Verify to verify your workers’ employment eligibility.

• If this information is not correct, please return to question A6 and change your answer. Otherwise, continue with question A7 below.

(ALL EEA CLIENTS)

A7. Do the following statements describe your company? (Please choose one response for each item)		Yes	No
a.	This company provides workers on our payroll to work at our clients’ sites (e.g., our company is a Temporary Staffing agency)		
b.	This company refers job candidates for permanent placement to potential employers who may hire and pay them (e.g., our company is a Placement or Recruiting firm)		

SECTION B: Implementing the E-Verify System

(ALL EEA CLIENTS)

B1. Did your E-Verify Employer Agent provide your company with the following E-Verify resources? (Please choose one response for each item)	Yes	No
a. The E-Verify User manual		
b. The most recent copy of the Memorandum of Understanding (which may be known as the Terms of Service) for employers using an E-Verify Employer Agent		

(ALL EEA CLIENTS)

B2. Did your E-Verify Employer Agent provide your company with training on E-Verify processes, policies, and procedures?

(Please choose only one response)

1 	Yes ANSWER B3
2 	No SKIP TO SECTION C

(EEA CLIENTS RECEIVING TRAINING FROM EEA)

B3. About how many hours did the training last?

(Please choose only one response)

1 	Less than 4 hours
2 	4 to 8 hours
3 	More than 8 hours

(EEA CLIENTS RECEIVING TRAINING FROM EEA)

B4. Generally, how helpful was the training provided by your E-Verify Employer Agent?

(Please choose only one response)

1 	Very helpful
2 	Helpful
3 	Somewhat helpful
4 	Not helpful at all

SECTION C: Experiences with E-Verify

(ALL EEA CLIENTS)

C1. Which of the following is the MAIN reason your company agreed to participate in
E-Verify? (Please choose only one response)

1 	State or local government required participation
2 	Federal government required participation
3 	To satisfy a client’s request
4 	Believed that using E-Verify would allow us to avoid a U.S. Immigration and Customs Enforcement (ICE) audit, raid, or fine
5 	To improve our company’s ability to verify work authorization
6 	Believed it would make us more competitive with others in our industry
7 	Trusted recommendation from our E-Verify Employment Agent
7 	Trusted recommendation from someone at another company or organization
8 	Other (specify):______________________
9 	Don’t know

(ALL EEA CLIENTS)

C2. Please answer the following questions about your company’s participation in E-Verify. Please choose one response for each item)		Yes	No	Don’t Know
a.	Our company has federal contract(s) requiring participation in E-Verify			
b.	Our company does business in a state or locality that requires participation in E-Verify			

(EEA CLIENTS REQUIRED TO USE E-VERIFY)

C3. If your company were no longer required to participate in E-Verify, how likely is it that you would continue participating in it?

(Please choose only one response)

1 	Very likely ANSWER C4
2 	Likely ANSWER C4
3 	Maybe SKIP TO C6
4 	Unlikely SKIP TO C5
5 	Very unlikely SKIP TO C5

(EEA CLIENTS REQUIRED TO USE E-VERIFY LIKELY TO CONTINUE)

C4. Why would you be likely to continue participating in E-Verify? (Please choose one response for each item)		Yes	No	Don’t Know
a.	To possibly avoid a U.S. Immigration and Customs Enforcement (ICE) audit, raid, or fine			
b.	To improve our ability to verify work authorizations			
c.	To remain more competitive with other companies in our industry			
d.	Our clients like that we use E-Verify			
e.	Other (Specify): _______________________________________			

(EEA CLIENTS REQUIRED TO USE E-VERIFY UNLIKELY TO CONTINUE)

C5. Why would you be unlikely to continue participating in E-Verify? (Please choose one response for each item)		Yes	No	Don’t Know
a.	Using E-Verify makes it difficult to attract qualified workers			
b.	It is burdensome for our E-Verify Employer Agent to use E-Verify for our workers			
c.	Using E-Verify makes us less competitive with other companies in our industry			
d.	The financial costs of using E-Verify outweigh the benefits of using it			
e.	We seldom have any new hires			
f.	Other (specify): ________________________________			

(ALL EEA CLIENTS)

C6. Please indicate your own perceptions related to the impact that participation in E-Verify has had on your company. (Please choose one response for each item)	Strongly Agree	Agree	Disagree	Strongly Disagree	Not Applicable
a. The number of work-authorized persons who applied for jobs decreased because of our participation in E-Verify					
b. The number of unauthorized workers who applied for jobs decreased because of our participation in E-Verify					
c. Qualified workers were difficult to recruit because of our participation in E-Verify					
d. Our participation in E-Verify resulted in some existing workers choosing to leave (e.g., resignation or retirement)					
e. Our participation in E-Verify resulted in the firing or termination of some existing workers					
f. Our participation in E-Verify has resulted in damage to the worker- management relationship					
g. Our participation in E-Verify has created a competitive advantage for this company					
h. Our participation in E-Verify has caused this company to be less competitive					

(ALL EEA CLIENTS)

C7. Please consider each of the following statements related to E-Verify and select the response that best represents the experiences at your company. (Please choose one response for each item)	Strongly Agree	Agree	Disagree	Strongly Disagree
a. It is impossible to fulfill all the requirements in the E-Verify verification process				
b. Overall, E-Verify is an effective tool for employment verification				
c. We believe E-Verify is highly accurate				
d. At times it is impossible for our company to send our E-Verify Employer Agent the information needed to submit by the required deadline				

(ALL EEA CLIENTS)

C8. To what extent is the overall cost of maintaining E-Verify a problem for your company?

Examples of maintenance costs include costs for having an E-Verify Employer Agent, training of replacement E-Verify staff, wages for E-Verify staff, computer maintenance and Internet access, and any other related costs. We are interested in your general perceptions; no need to calculate costs.

(Please choose only one response)

1 	A large extent
2 	A moderate extent
3 	A small extent
4 	Not a problem
5 	Don’t know

(ALL EEA CLIENTS)

C9. Does your company use any form of electronic I-9?

(Please choose only one response)

1 	Yes
2 	No
3 	Don’t know

(ALL EEA CLIENTS)

C10. Does your company complete the employer section (Section 2) of Form I-9 for your workers?

(Please choose only one response)

1 	Yes, always
2 	Yes, sometimes
3 	Never

(EEA CLIENTS COMPLETING PART OF FORM I-9)

C11. Please describe what your company does and what your E-Verify Employer Agent does when sharing the responsibilities of completing your workers’ Form I-9s.

(EEA CLIENTS COMPLETING ALL OR PART OF FORM I-9)

C12. When completing Form I-9, how often does your company take the following steps? (Please choose one response for each item)	Always	Often	Sometimes	Never
a. Examine the documents the workers provide to determine if they appear to be genuine				
b. Examine the documents the workers provide to determine if they belong to the worker				

(EEA CLIENTS EXAMINING DOCUMENTS TO DETERMINE IF GENUINE)

C13. When you examine workers’ documents during the Form I-9 process to determine if they appear to be genuine, what do you check?

(EEA CLIENTS EXAMINING DOCUMENTS TO DETERMINE IF GENUINE)

C14. If you determine that the documents are NOT genuine, what do you do? (Please choose one response for each item. If the situation has never arisen, select ‘Not applicable.’)	Always	Often	Sometimes	Never	Not applicable
a. Accept the documents					
b. Ask for alternative documents before taking further action					
c. Do not hire the worker					
d. Fire the worker					
c. Other (Specify) _____________________________					

(EEA CLIENTS EXAMINING IF DOCUMENTS BELONG TO WORKER

C15. When you examine workers’ documents during the Form I-9 process to determine if they belong to the worker, what do you do? (Please choose one response for each item. If the situation has never arisen, select ‘Not applicable.’)	Always	Often	Sometimes	Never	Not applicable
a. Look to see if information (e.g., date of birth or name) on IDs match information on Form I-9					
b. Look to see if information (e.g., date of birth or name) on separate IDs match					
b. Look to see if the date of birth on IDs is roughly consistent with person’s appearance					
b. Look to see whether the photo matches the person					
c. Other (Specify) _____________________________					

(EEA CLIENTS EXAMINING IF DOCUMENTS BELONG TO WORKER)

C16. If you determine that the documents do not appear to belong to the worker, what do you do? (Please choose one response for each item. If the situation has never arisen, select ‘Not applicable.’)	Always	Often	Sometimes	Never	Not applicable
a. Accept the documents					
b. Ask for alternative documents before taking further action					
c. Do not hire the worker					
d. Fire the worker					
e. Other (Specify) _____________________________					

(ALL EEA CLIENTS)

C17. E-Verify sometimes returns a photo for Photo Matching, depending on the Form I-9 document provided by the employee.

Has your company ever used E-Verify Photo Matching for your workers?

(Please choose only one response)

1 	Yes, our E-Verify Employer Agent sends us the photo returned by E-Verify and we do the entire Photo Matching process
2 	Yes, we send our E-Verify Employer Agent copies of documents for use in the Photo Matching process
3 	No, we do not participate in the Photo Matching process

(EEA CLIENTS USING PHOTO MATCHING)

C18. When you receive a photo from the E-Verify Photo Matching response, do you compare the photo to:

1 	The person only
2 	The document the worker provided only
3 	Both the person and the document the worker provided
3 	Do not compare the photo to the worker or the document the worker provided
4 	Other (Specify _________________________________________________

(EEA CLIENTS USING PHOTO MATCHING)

C19. Has Photo Matching influenced the types of documents your company asks for during the verification process?

(Please choose only one response)

1 	Yes
2 	No
3 	Don’t know

SECTION D: Verification Procedures

IF PLACEMENT OR RECRUITING FIRM [IF A7b is ‘Yes’]: “This section asks questions about verification procedures for your own workers, including internal staff and other workers on your payroll even if they are working off site or as temporary help for another company.”

ALL OTHER TYPES: The following questions are about verification procedures for your workers. Do NOT include information about workers at your company who are from temporary help agencies or contractors. Do include workers on your payroll who work off site.

(ALL EEA CLIENTS)

D1. For which of your company’s employees does your E-Verify Employer Agent verify work authorization using E-Verify? (Please choose one response for each item)		Yes	No	Not Applicable
a.	All of our company’s new hires			
b.	Employees who started working for this company because of merger or buy-out			
c.	Existing employees who worked at this company prior to when our company began participating in E-Verify			
d.	Existing employees with work authorizations that are about to expire			
e.	Existing employees not believed to be work authorized			
f.	Other types (specify):________________________________			

(ALL EEA CLIENTS))

D2. When is E-Verify typically used to verify your workers’ work authorization?

(Please choose only one response)

1 	Before a job offer is made
2 	After a job offer but before the worker has accepted
3 	After a job offer has been accepted but before the employee’s first day of paid work
4 	On the first day of paid work
5 	On the second or third day of paid work
6 	More than three days after starting paid work
7 	Other times (specify): ____________________________________________

(ALL EEA CLIENTS)

D3. How often would you say your company’s workers provide email addresses on their Form I-9?

(Please choose only one response)

1 	Usually ANSWER D4
2 	Sometimes ANSWER D4
3 	Rarely ANSWER D4
4 	Never SKIP TO D6
5 	Don’t know SKIP TO D6

(EEA CLIENTS REPORTING WORKERS PROVIDE EMAIL)

D4. Have you ever instructed your E-Verify Employer Agent not to submit email addresses to the E-Verify system for workers who provide them on the Form I-9?

(Please choose only one response)

1 	Yes ANSWER D5
2 	No SKIP TO D6

(EEA CLIENTS REPORTING WORKERS PROVIDE EMAIL)

D5. Which of the following statements are reasons you instruct your E-Verify Employer Agent not to submit emails to the E-Verify system? (Please choose one response for each item)		Yes	No
a.	Submitting email addresses provided by workers is not a requirement		
b.	Submitting email addresses provided by workers is not a priority for us		
c.	We need to protect the worker’s privacy		
d.	Workers ask us not to submit this information		
e.	Other reasons (specify):________________________________		

(ALL EEA CLIENTS)

D6. Has the E-Verify Monitoring and Compliance department ever contacted your company about E-Verify procedures for your workers?

1 	Yes ANSWER D7
1 	No SKIP TO D10
2 	Don’t know SKIP TO D10

(EEA CLIENTS CONTACTED BY MONITORING AND COMPLIANCE)

D7. Did the E-Verify Monitoring and Compliance department contact your company for the following reasons? (Please choose one response for each item)	Yes	No	Don’t know
a. Immediately terminating employment when the worker received a Tentative Nonconfirmation			
b. Creating duplicate cases for the same employee			
c. Closing cases (e.g., using incorrect case closure statements or failing to close cases)			
d. Failing to create a case by the third business day after the employee started working for pay			
e. Failing to print a Further Action Notice			
f. Requesting specific documents			
g. Other (Specify) __________________________________________			

(EEA CLIENTS CONTACTED BY MONITORING AND COMPLIANCE)

D8. Did your company or your E-Verify Employer Agent change its procedures after the E-Verify Monitoring and Compliance department contacted your company?

(Please choose only one response)

1 	Yes
2 	No
3 	Don’t know

(EEA CLIENTS CONTACTED BY MONITORING AND COMPLIANCE—CHANGED PROCEDURES)

D9. What changes did your company or your E-Verify Employer Agent make to its procedures after being contacted by the E-Verify Monitoring and Compliance department?

(ALL EEA CLIENTS)

D10. As far as you know, did your workers receive any Tentative Nonconfirmation findings because of a data entry mistake when your E-Verify Employer Agent entered Form I-9 information into E-Verify?

(Please choose only one response)

1 	Yes
2 	No
3 	Don’t know

(ALL EEA CLIENTS)

D11. Did your workers receive any Tentative Nonconfirmation findings that were NOT the result of data entry errors?

(Please choose only one response)

1 	Yes ANSWER D12
2 	No SKIP TO D24
3 	Don’t know SKIP TO D24

(ALL EEA CLIENTS WITH TNCs

D12. Which statement best describes your E-Verify Employer Agent’s or your company’s responsibilities for informing workers of Tentative Nonconfirmations?

(Please choose only one response)

1 	BOTH our company and our E-Verify Employment Agent share responsibility for informing our workers about the Tentative Nonconfirmation findings,
2 	Our company takes SOLE responsibility for informing our workers about the Tentative Nonconfirmations
3 	Our E-Verify Employment Agent is responsible for informing our workers about Tentative Nonconfirmations
4 	Neither our company nor our E-Verify Employment Agent informs our workers about Tentative Nonconfirmations

(EEA CLIENTS INFORMING WORKERS ABOUT TNCS

D13. When your workers receive Tentative Nonconfirmations, how often does your company inform the worker about the Tentative Nonconfirmation?

(Please choose only one response)

1 	Always…………….ANSWER D14
1 	Often………………ANSWER D14
2 	Sometimes……….ANSWER D14
3 	Never……………..SKIP TO D17

(EEA CLIENTS INFORMING WORKERS ABOUT TNCS)

D14. How often does your company inform workers about their Tentative Nonconfirmations in the following ways? (Please choose one response for each item)	Always	Often	Sometimes	Never
a. In-person				
b. Telephone call or Skype				
c. Email				
d. Regular mail, FedEx, certified mail				
e. Other (Specify) _____________________________				

(EEA CLIENTS HAD WORKERS WITH TNCs)

D15. How soon after a Tentative Nonconfirmation is received, does your company typically notify the employee?

(Please choose only one response)

1 	A day or less
2 	Within three days
3 	Within a week
4 	More than a week
5 	We do not usually notify the employee

(EEA CLIENTS INFORMING WORKERS ABOUT TNCs)

D16. How often does your company do the following when processing Tentative Nonconfirmations for workers (Please choose one response for each item)	Never	Sometimes	Often	Always	Not Applicable
a. We discuss the Further Action Notice privately with workers					
b. If needed, we provide workers with a translated version of the Further Action Notice					
d. After workers sign the Further Action Notice, we sign it					
c. When workers decide to contest the Tentative Nonconfirmation and sign the Further Action Notice, we keep a copy in their file					
d. We or our E-Verify Employment Agent provide the worker with the Referral Date Confirmation					
e. We inform the worker that he/she has 8 Federal work days to contact the Social Security Administration or Department of Homeland Security					

(EEA CLIENTS HAD WORKERS WITH TNCs)

D17. How often does each of the following situations apply to your company? (Please choose one response for each item)	Never	Sometimes	Often	Always	Not Applicable
a. Employees quit before we have a chance to tell them about the finding					
b. Employees do not return to work when a Tentative Nonconfirmation is received					
c. We don’t tell employees about Tentative Nonconfirmations but let them continue to work for us					
d. We decide not to hire employees receiving Tentative Nonconfirmations without telling them about the finding					
e. We decide to fire employees receiving Tentative Nonconfirmations without telling them about the finding					
f. Employees decide to quit rather than contest the Tentative Nonconfirmation finding					
g. Employees tell us that they plan to contest					
h. Employees are unable to contest a Tentative Nonconfirmation because of barriers such as language or bureaucracy/‘red tape’					

(EEAS HAD WORKERS WITH TNCS)

D18. Please consider each of the following statements related to Tentative Nonconfirmations received during E-Verify employment verification. Select the answer that best represents the experiences of your company. (Please choose one response for each item)	Strongly Agree	Agree	Disagree	Strongly Disagree
a. Contesting Tentative Nonconfirmations is not encouraged because the process requires too much time				
b. Providing assistance to employees who contest Tentative Nonconfirmations is an excessive burden on staff				
c. Contesting Tentative Nonconfirmations is not encouraged because work authorization rarely results				
d. Establishing work authorization has become a burden because there are so many Tentative Nonconfirmations				
e. Work assignments must be restricted until work authorization is confirmed				
f. Pay is reduced until work authorization is confirmed				
g. Training is delayed until after work authorization is confirmed				

(EEA CLIENTS HAD WORKERS WITH TNCs)

D19. Has your company ever had a worker receive a Final Nonconfirmation (or unauthorized to work) finding?

(Please choose only one response)

1 	Yes ANSWER D20
2 	No SKIP TO D24
3 	Don’t know SKIP TO D24

(EEA CLIENTS HAD WORKERS WITH FNCs)

D20. When workers at your company receive a Final Nonconfirmation, how often does your company terminate the worker’s employment?

(Please choose only one response)

1 	Always………………SKIP TO D22
1 	Often………………...ANSWER D21
2 	Sometimes………….ANSWER D21
3 	Never………………..ANSWER D21

(EEA CLIENTS-HAD FNC-DON’T ALWAYS TERMINATE EMPLOYMENT) (NEW QUESTION)

D21. Please explain why your company does not always terminate their employment.

(EEA CLIENTS WITH FNCs)

D22. Which of the following situations affect how long workers at your company could remain on the job after receiving a Final Nonconfirmation? (Please choose one response for each item)	Yes, Always	Yes, Sometimes	No	Not Applicable
a. The worker’s employment is terminated immediately				
b. The worker’s departure is linked to the company’s pay period (e.g., the end of the month)				
c. We time the departure to fall within a certain amount of time after receiving the Final Nonconfirmation (e.g., within 3 or 5 days)				
d. Other (specify): _________________________________				

(EEA CLIENTS WITH FNCs FOR OWN WORKERS

D23. How often have workers at your company appealed a Final Nonconfirmation?

(Please choose only one response)

1 	Always
2 	Often
3. 	Sometimes
4. 	Never
5. 	Don’t know

(ALL EEA CLIENTS)

D24. How often does your company provide the necessary information for closing cases to your E-Verify Employer Agent?

Examples of information that your E-Verify Employer Agent may need to close cases include information on whether the worker quit prior to a final decision being made on the E-Verify case, whether the worker was fired for a reason unrelated to receiving a Tentative Nonconfirmation, whether the worker continued to work after receiving a Final Nonconfirmation.

(Please choose only one response)

1 	Always……………..SKIP TO D26
2 	Often……………….ANSWER D25
3. 	Sometimes………..ANSWER D25
4. 	Never………………ANSWER D25

(EEA CLIENTS WITH CASES NOT ALWAYS CLOSED WITHIN 90 DAYS)

D25. Which of the following statements describe why you may not always provide your E-Verify Employer Agent with information to close TNC cases within 90 days (Please choose one response for each item)	Yes	No
a. Providing the information for closing cases is burdensome or time consuming		
b. Worker does not let us know if Form I-9 information is correct when our E-Verify Agent needs us to confirm or change the change the information initially submitted to the system		
b. Worker does not state whether he/she wishes to contest the TNC		
c. A TNC case has not been resolved by Department of Homeland Security or Social Security Administration		
d. The worker has quit before receiving a final finding from E-Verify		
d. The worker was fired for a reason unrelated to E-Verify before receiving a final finding from E-Verify		
e. Other (Specify) _____________________________		

(ALL EEA CLIENTS)

D26. The following statements describe possible changes that could be made to E-Verify procedures. Please select the answer that best describes your views for each of these possible changes. (Please choose one response for each item)	Strongly Support	Support	Oppose	Strongly Oppose	No Opinion
a. Requiring all companies in the United States to use E-Verify					
b. Eliminating the paper Form I-9					
c. Including the ability to take and verify fingerprints					
d. Increasing the types of documents that can be used with Photo Matching					
e. Adding a formal appeal process that employers or their employees could use if they disagree with the final case finding					
f. Allowing employers that are not federal contractors to verify existing employees hired prior to signing an MOU					
g. Allowing all companies to verify job applicants					
h. Having workers receive a text message from USCIS informing them of their TNC in addition to receiving the Further Action Notice from employers					
I. Including information in USCIS email notifications for workers to contact SSA or DHS directly to resolve their TNCs					
j. Adding employer’s name to the E-Verify email notification letter to workers with Tentative Nonconfirmations					
k. Sending separate email notification letters to workers who receive Tentative Nonconfirmations from SSA and DHS					
l. Including contact information for workers to receive assistance to appeal Final Nonconfirmations					
m. Any other changes you might want to suggest (specify): _________________________					

(ALL EEA CLIENTS)

D27. Please use the space provided below to provide comments or suggestions for improving E-Verify.

Thank you for taking the time to answer this survey.

Your effort and the information you have provided are greatly appreciated.