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August 6, 2006
Recently, Jo Anne B. Barnhart, Social Security Administration commissioner, testified at a House Ways and Means Committee meeting. If you hire anyone in your business you will want to hear what Barnhart had to say.
Trying to figure out who is in the country legally and how you can hire legally can be difficult. It is not simply a question of getting a Social Security number from the potential employee. You must find out if they are eligible to work in this country legally.
Part of the difficulty with Social Security numbers is that they can be issued to different classes of people for different reasons. According to an article published by Tax Analysts dated July 26, 2006, in her testimony Barnhart listed three situations, under current law, in which Social Security numbers can be issued to non-citizens: (1) when they are lawfully admitted to the United States for permanent residence, (2) if they are otherwise authorized to work in the United States or (3) where an individual is not authorized to work but has a valid need for a Social Security number.
Barnhart emphasized what employers know: “The Social Security card is not, and never has been, an identity document, which is why it must be presented in conjunction with an identity document to prove work authorization under immigration law.”
To that end, Social Security Administration and Department of Homeland Security have initiated a verification program. According to U.S. Citizenship and Immigration Service there is a new way for employers to “remove the guesswork involved with hiring new employees.” It is Basic Pilot Employment Verification Program.
The program allows employers to verify new employees are, in fact, eligible to work in the United States. The name “Pilot” was used initially to indicate only a select few employers were eligible, but it is now open to all employers. Participation is voluntary for now, but Congress is considering making such verification mandatory.
The Web site of the program is www.vis-dhs.com. Features of the Internet version include online registration, reporting capability for users and availability of the system 19 hours a day.
In order to participate, an employer must register and sign a Memorandum of Understanding (MOU) that sets forth the responsibilities of the SSA, DHS-USCIS and the employer.
The MOU agreement is not to be taken lightly. You agree not to use the Basic Pilot program selectively. You must use it for all screening of all your employees. You must agree to initiate the verification procedures within three business days from the date you hire each employee but only after section 1 and 2 of the Form I-9 have been completed.
Interestingly, the employer is prohibited from initiating verification procedures before the employee has been hired and the I-9 is completed.
There are two other categories available in the verification system, besides the Basic Pilot program. There is the Corporate Administrator Registration, which enables one registrant to oversee multiple companies under its control, then there is the Designated Agent Registration, which allows an agent to perform the verification process for the employer.
Getting good employees can be a time-consuming and difficult process. Perhaps making sure the ones you do hire are here legally and are eligible to work legally has been made just a little easier.
Stambaugh is a certified public accountant with more than 21 years experience in business tax planning and tax preparation and a master’s degree.
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