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SAVE Program

Welcome to the Systematic Alien Verification for Entitlements (SAVE) Program page. The SAVE Program is responsible for administering programs involving customer access to information contained in the Verification Information System (VIS) database. This database is a nationally accessible database of selected immigration status information on over 60 million records.

The SAVE Program enables Federal, state, and local government agencies to obtain immigration status information they need in order to determine an applicant's/recipient’s eligibility for many public benefits. The SAVE Program also administers employment verification pilot programs that enable employers to quickly and easily verify the work authorization of their newly hired employees.

From this site you can obtain the following information:

If you have questions or need additional information on any of the topics found on the SAVE web site, please contact the SAVE Program at 1(888) 464-4218. Thanks for your interest in our program.

 

Immigration Status Verification for Benefit Issuing Agencies

Legal Basis
Other Agency SAVE Participants
Status Verification Process
SAVE Program Access Methods
SAVE Program Administration

The Systematic Alien Verification for Entitlements (SAVE) Program is an intergovernmental information-sharing initiative designed to aid eligibility workers in determining an applicant’s/recipient’s immigration status, and thereby ensure that only entitled applicants/recipients receive Federal, state, or local public benefits. The SAVE Program is an information service for benefit issuing agencies, institutions, and other entities. The SAVE Program does not make determinations on any applicant’s/recipient’s eligibility for a specific benefit.

LEGAL BASIS

Congress passed the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which requires the former Immigration and Naturalization Service, now Department of Homeland Security, effective March 1, 2003, to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, state, and local benefit issuing agencies and institutions that administer such benefits. The IRCA, as amended, mandates the following programs and overseeing agencies to participate in the verification of an applicant’s immigration status: the Temporary Assistance to Needy Families (TANF) Program, the Medicaid Program, and certain Territorial Assistance Programs (U.S. Department of Health and Human Services); the Unemployment Compensation Program (U.S. Department of Labor); Title IV Educational Assistance Programs (U.S. Department of Education); and certain Housing Assistance Programs (U.S. Department of Housing and Urban Development).

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193, 110 Stat. 2168, also requires that the Attorney General establish regulations and interim guidance for the verification of immigration status of persons applying for “Federal public benefits”. The Department of Justice issued interim guidance in 1997. See “Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of [PRWORA]”, 62 Federal Register 6,344-02 (Nov. 17, 1997). This guidance is for any entity administering a non-exempt Federal public benefit, other than non-profit charitable organizations, and is not limited to the agencies and programs specified in IRCA.

The PRWORA created a very complex set of eligibility requirements that cannot be easily summarized. These requirements continue to be regularly amended by Congress. The PRWORA did not affirmatively make any person eligible for any benefit. Rather, it placed a new set of limitations on non-citizen eligibility on top of any program specific requirements (some of which may have limited non-citizen eligibility). With certain exceptions, PRWORA made non-citizens who are not qualified aliens ineligible for Federal public benefits, and aliens who are not qualified aliens or lawful nonimmigrants or aliens paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act (INA) for less than one year ineligible for state or local public benefits. There are also limitations on the eligibility of qualified aliens for benefits, again with exceptions.

The PRWORA, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), P.L. 104-208, and the Balanced Budget Act of 1997 (BBA), P.L. 105-33, 8 U.S.C. 1642, defines a "qualified alien" as:

  • an alien who is lawfully admitted for permanent residence under the INA;
  • an alien who is granted asylum under Section 208 of the INA;
  • a refugee who is admitted to the United States under Section 207 of the INA;
  • an alien who is paroled into the United States under Section 212(d)(5) of the INA for a period of at least 1 year;
  • an alien whose deportation is being withheld under Section 243(h) of the INA (as in effect prior to April 1, 1997) or whose removal has been withheld under Section 241(b)(3);
  • an alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980;
  • an alien who is a Cuban/Haitian Entrant as defined by Section 501(e) of the Refugee Education Assistance Act of 1980; and
  • an alien who has been battered or subjected to extreme cruelty, or whose child or parent has been battered or subject to extreme cruelty.

The PRWORA restrictions do not apply to all Federal, state, and local funded activities or programs; they apply only to non-exempt "Federal public benefits" and "state and local public benefits." Therefore, benefit providers should first determine whether the particular program they administer is providing a "Federal public benefit" or a "state and local public benefit" for which Title IV of PRWORA or other applied laws require non-citizen eligibility. For example, emergency medical care and certain forms of disaster relief are exempt, as are other key benefits. If an agency requires further assistance in determining whether a specific benefit it administers is a Federal, state, or local public benefit, it should contact the overseeing Federal, state, or local Government agency, as that agency would be in the best position to make that determination.

With certain exceptions, the PRWORA defines "Federal public benefit" as:

  • any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and
  • any retirement, welfare, disability, public or assisted housing, post-secondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

The PRWORA’s definition of "state and local public benefit" parallels the definition of Federal public benefit, except that it substitutes "state or local government" for "the United States." State or local public benefits do not include Federal public benefits; therefore, a benefit cannot meet both definitions. If a benefit qualifies as a "Federal public benefit," it is not a "state or local public benefit" regardless of whether state or local funding is also involved.

The IIRIRA requires the former Immigration and Naturalization Service, now Department of Homeland Security, to respond to inquiries by Federal, state, and local benefit issuing agencies and institutions seeking to verify or determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any lawful purpose. The SAVE Program’s automated and manual verification processes provide Federal, state, and local benefit issuing agencies and institutions with information which will assist them in determining an individual’s eligibility under Title IV of PRWORA.

Title IV of PRWORA, as amended by section 504 of IIRIRA and by section 5572 of the BBA, also requires the Attorney General to promulgate regulations requiring verification that an applicant is a qualified alien eligible to receive Federal public benefits. The same statutory provision also requires the Attorney General to promulgate regulations setting forth procedures by which a state or local government may verify whether an alien is eligible to receive state or local public benefits. In August 1998, the Attorney General published a proposed rule on "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662 (Aug. 4, 1998). The changes made in response to the comments received on the proposed rule were significant enough and dealt with complex and important issues that another opportunity to comment is warranted. The next version of the rule will be issued as an interim rule, rather than a final rule, in order to implement the statutory directive to promulgate verification regulations and start the subsequent 2-year period in which Federal public benefit issuing agencies must come into compliance. The interim rule is in the concurrence process and has not yet been published.

As noted, amendments to PRWORA by the BBA required the Attorney General to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of PRWORA prior to issuance of the final regulations. The interim guidance applies only to Federal public benefits, and does not directly address the citizenship and immigration requirements that Title IV of PRWORA imposes on the provision of state and local public benefits.

OTHER AGENCY SAVE PARTICIPANTS

While IRCA, as amended, only mandates selected programs to participate in SAVE, any Federal, state, or local benefit-granting authority or licensing bureau that requires verification of an applicant's/recipient's immigration status may apply for participation in the SAVE Program. The following are examples of non-mandated agencies that presently participate in the SAVE Program:

    Food Stamp Program
    Department of Defense Manpower Data Center
    Social Security Administration (SSA)
    California Department of Motor Vehicles
    Federal Emergency Management Agency (FEMA)
    Mohegan Tribal Gaming Commission
    Texas Department of Health, Asbestos Licensing Program
    City of New York Human Resources Administration
    Palm Beach County Property Appraiser

STATUS VERIFICATION PROCESS

Automated Status Verification System (ASVS)

The SAVE Program has reengineered the way it delivers immigration status verification information to Federal, state, and local benefit issuing agencies.

One of the major changes to the verification process is the elimination of the manual process, which is referred to as "secondary verification." In the past, when non-citizen applicants applied for Federal, state, or local benefits, the user agency would access information contained in the Alien Status Verification Index (ASVI) database through one of six access methods (touch-tone telephone, 3270 mainframe, point-of-sale emulation, asynch dial-in, PC file transfer, or remote job entry). The user agency would then enter the non-citizen's A-Number to perform a primary query. Within 3 to 5 seconds, ASVI would respond with either the applicant's immigration status or a system message to "Institute Secondary Verification." If the user agency received the "Institute Secondary Verification" system message or if discrepancies existed with the information returned from ASVI and that on the non-citizen's immigration documentation, agencies were required to send information via the U.S. Postal Service to an immigration status verification office for secondary verification. This included filling out the Document Verification Request, Form G-845, attaching copies of the non-citizen's immigration documentation, and mailing it to their local immigration status verification office for processing. Once the immigration status verification office received Form G-845, they would have 10 Federal Government workdays from receipt to respond to Federal benefit issuing agency requests and within a prearranged timeframe to respond to all other users.

The Automated Status Verification System (ASVS) automates the secondary verification process. The SAVE Program has developed and tested six ASVS access methods that are now available to Federal, state, and local benefit issuing agencies and licensing bureaus.

The SAVE Program’s reengineered verification process, in most cases, eliminates the process of filling out forms, photocopying documentation, and mailing delays. Further, the electronic verification process significantly reduces the processing time for verifications. In most cases, the user has results of the additional verification request within 4 business days. This allows the user to make faster benefit eligibility determinations, which can result in cost savings to the Government and better service.

Manual Verification

SAVE verification is also available through a manual process if the use of ASVS is not cost-effective. The SAVE Program also requires participating agencies, institutions, and other entities to use manual verification when directed by an ASVS system message, or when the automated check or initial inspection of an applicant's/recipient's documentation, or information provided from such documentation, reveals material discrepancies. To conduct a manual verification, user agencies complete the Document Verification Request (Form G-845), attach copies of the non-citizen's immigration documentation, and mail it to their local immigration status verification office. Once the immigration status verification office receives and processes the Form G-845, it is returned to the User Agency via the U.S. Postal Service.

SAVE PROGRAM ACCESS METHODS

PC System 1 and AS3270

The PC System 1 and AS3270 are two of the automated access methods available. Once ASVS is accessed by one of these methods, the user is prompted to enter the non-citizen's A-number to do the initial query against the Verification Information System (VIS) database, and within 3 to 5 seconds, the system will respond with the non-citizen's immigration status or a system message to "Institute Additional Verification." When the "Institute Additional Verification" message is received or when material discrepancies exist between the information returned from the VIS database and that on the non-citizen's immigration documentation, the user is provided a data entry screen to submit additional information electronically to an Immigration Status Verifier (ISV) for processing. Upon receipt of this information, the ISV processes the request for status verification and electronically transmits the results to the User Agency.

PC System 2

PC System 2 is very similar to PC System 1 except that the User Agency must enter additional information up-front for the initial query. This includes the non-citizen's A-Number, first, middle, and last names, date of birth, user case number, and the immigration document type and its expiration date. If the non-citizen's immigration status can be verified through the VIS database, the system will provide the status to the User Agency within 3 to 5 seconds. If the non-citizen's status cannot be verified through the VIS database and additional verification is required, it is automatically electronically sent to an ISV for processing. The ISV retrieves and responds to the additional verification request the same way as they do for PC System 1.

PC System 3 & AS3270 (NIIS)

PC System 3 and AS3270 (NIIS) are also very similar to PC System 1 and AS3270. The only difference is that the user can run initial queries using A-Numbers or I-94 Arrival/Departure Numbers. The additional verification process works exactly the same as PC System 1 and AS3270.

Batch

Batch is the last access method currently available and is a computer match between the VIS database and the User Agency and is only available to very high-volume users. Batch is similar to PC System 2 in that if the applicant's immigration status cannot be provided by the VIS database in the initial computer match, the additional verification request is automatically electronically sent to an ISV for processing. The ISV then retrieves and responds to the additional verification request the same as they do for all other ASVS access methods and the results are then transmitted back to the User Agency during the nightly computer match upload.

Web

The SAVE Program is currently developing Web access methods, similar to PC Systems 1, 2, and 3, that are scheduled to be completed and available to user agencies in December 2003. Additional information on the Web access methods will be provided once it becomes available.

AUTOMATED STATUS VERIFICATION SYSTEM (ASVS)
ACCESS METHODS, TRANSACTION CHARGES, AND REQUIRED
EQUIPMENT

ACCESS METHOD TRANSACTION CHARGES EQUIPMENT REQUIRED
3270 Terminals
(ASVS 3270 – CIS)
Primary Only - $0.32
Secondary - Additional $0.16
3270-type terminal or personal computer with a 3270 emulation board, using a dedicated telecommunications line.
3270 Terminals
(ASVS 3270 – CIS/NIIS)
Primary Only - $0.32
Secondary – Additional $0.16
3270-type terminal or personal computer with a 3270 emulation board, using a dedicated telecommunications line.
PC Windows-Based
(ASVS PC System 1)
Primary Only - $0.24
Secondary - Additional $0.48
Personal Computer running Windows 95, 98, NT4 (SP3 or higher), or Windows 2000, and a modem with an analog phone line that allows calls to a toll-free number.
PC Windows-Based
(ASVS PC System 2)
Primary Only - $0.24
Automatic Secondary - Additional $0.24
User Initiated Secondary - Additional $0.48
Personal Computer running Windows 95, 98, NT4 (SP3 or higher), or Windows 2000, and a modem with an analog phone line that allows calls to a toll-free number.
PC Windows-Based
(ASVS PC System 3)
Primary Only - $0.24
Secondary - Additional $0.48
Personal Computer running Windows 95, 98, NT4 (SP3 or higher), or Windows 2000, and a modem with an analog phone line that allows calls to a toll-free number.
Computer Matching
(ASVS Batch)
Primary Only - $0.04
Automatic Secondary - Additional $0.03
RJE terminal or personal computer with RJE emulation board, using a standard telephone or dedicated telecommunications line. Custom software needed for formatting queries and interpreting the output file.

NOTE: These costs do not include associated communication cost considerations. A minimum of $25.00 is charged per month for query of the Verification Information System (VIS) regardless of the number of queries. However, if no query of VIS is completed during the month, there is no charge.

Revised March 27, 2003

SAVE PROGRAM ADMINISTRATION

If your organization is interested in participating in the SAVE Program, please submit a letter to:

    John E. Nahan, Director, SAVE Program
    Department of Homeland Security
    SAVE Program, ULLICO Bldg, 1st Floor
    425 I Street, NW
    Washington, DC 20536

In your letter, please include the legal basis that supports your organization's request for immigration status verification, a summary of the benefit program(s) your organization provides in which SAVE verification would be used, and your organization’s anticipated annual usage.

For additional information contact:

    SAVE Program
    (202) 514-2317

 

SAVE Program
Employment Verification Pilot Programs

Basic Pilot
Designated Agent

Which of the following people is not legally employable in the United States?

three stick figures labeled A, B, C

It’s impossible to tell by looking.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 required the Immigration and Naturalization Service (INS), and the Social Security Administration to conduct three employment verification pilot programs, the Basic Pilot, the Citizen Attestation Pilot, and the Machine-Readable Document Pilot programs. Since the INS became part of the Department of Homeland Security (DHS) on March 1, 2003, the pilot programs now fall under the jurisdiction of the U.S. Citizenship and Immigration Service's (USCIS) Systematic Alien Verification for Entitlements (SAVE) Program. These pilot programs are the only means available for employers to verify that their newly hired employees are authorized to work in the United States.

The SAVE program is no longer recruiting for the Machine-Readable Document or the Citizen Attestation Pilot programs as those pilots ended in May and June 2003, respectively.

The Basic Pilot Employment Verification Program (Basic Pilot)

The Basic Pilot involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees. Participation in the Basic Pilot Program is voluntary, and is free to participating employers.

The Basic Pilot:

  • removes guesswork from document review during the Form I-9 process
  • allows participating employers to confirm employment eligibility of all newly hired employees
  • improves the accuracy of wage and tax reporting, and
  • protects jobs for authorized United States workers

The Basic Pilot program has been available to all employers in the States of California, Florida, Illinois, New York and Texas since November 1997 and to employers in Nebraska since March 1999. The Basic Pilot Program began operation in November 1997 and originally ended in November 2001; however, the Basic Pilot Program Extension and Expansion Act of 2003 (Pub. Law 108-156) extends the Basic Pilot to November 2008.

The new law also requires the expansion of the Basic Pilot Program to all 50 states not later than December 1, 2004. The USCIS' SAVE Program and SSA plan to begin offering the Basic Pilot Program to employers in all 50 states and the District of Columbia on October 1, 2004. Expanding the volunteer Basic Pilot Program to employers nationwide is contingent upon available resources.

The Basic Employment Verification Pilot Program is now available on the Internet using a Web-Based Access method. This will allow employers to use the Basic Pilot system from any personal computer with access to an Internet Service Provider (ISP).

The Web-Based Access method offers several advantages over the Dial-Up method (personal computer with a modem), currently being used by employers participating in the pilot program. The Web-Based Access method eliminates the need for a modem and the connectivity problems associated with using a modem. It also does away with the requirement for an employer to have an analog phone line to access the Basic Pilot.

Once you are registered and have completed the Web-Based Tutorial (WBT) you can immediately begin using the Web-Based Access method of the Basic Pilot Program. To register now for the Basic Pilot Web-Based Access method, go to https://www.vis-dhs.com/EmployerRegistration and follow the instructions.

Following are some enhancements the Basic Pilot Program Web-Based Access method offers:

  • Participants Register on the Internet
    Persons interested in using the Web-Based Access method, including current users of the Basic Pilot Program, will need to register on the Internet. Unfortunately, there is no means available to automatically switch a company's information from the current dial-up method to the Web-Based Access method. Therefore, even current users must sign a new Memorandum of Understanding (MOU) with the SAVE Program and the SSA. You are provided instructions for completing, signing and submitting the MOU to the SAVE Program. Individuals will receive confirmation of his or her company's participation in the Basic Pilot Program Web-Based Access method via Email, and, at the same time, will be provided with a new User ID and temporary password.

    We are sorry for the inconvenience of having current users re-register, but it is an important record-keeping process which will provide the SAVE Program with the most accurate and up-to-date information on all Basic Pilot participants, as well as provide us a quick and easy means of communicating with our customers.


  • Internet Training
    While the Basic Pilot Program's policies and procedures remain the same, there have been changes made to the screens used to perform the verification process on the Web. The system is extremely user-friendly and has mouse-over text helpers to provide hints while entering your queries, e.g., entering complex surnames. These and other changes require current users switching to the Web to complete the new Web-Based Tutorial (WBT). Once the WBT is completed, the system is immediately available, and you can begin performing verification queries.


  • New User Types
    Three new user types have been created for the Basic Pilot Web-Based Access method. You determine your user type after registering for the pilot. Depending on the user type you select, you will be able to perform different functions, e.g., perform queries, manage your account and view reports. You will only be able to access information relating to your company site. Following is a description of each user type:
    • Program Administrator - The Program Administrator is to be located at each of your company's sites. This user is responsible for: creating and managing user accounts at its site for the Corporate Administrator and the General User; unlocking user accounts; updating site information and viewing reports. Since the Program Administrator may be the only person at your site using the system, he or she also may have the capability to perform queries. The person registering your company is automatically defaulted as a Program Administrator
    • General User - A general user can perform verification queries, view user reports, and update his or her personal user profile information, e.g., name change, new phone or fax number, etc.
    • Corporate Administrator - At this time, a Corporate Administrator can only view reports for the company site where he or she is physically located. He or she can also update their personal user profile information. A future enhancement to the Web-Based Access method will allow this user to manage multiple company accounts, view reports for multiple company sites, as well as create and administer company and user accounts.
  • View and Print Reports
    All users will have the capability to view and print their own reports. These reports provide statistics on the queries performed by the user(s) within your company.
  • Internet Resources
    The Web-Based Access method Resources section includes a variety of resources available to assist your company in the verification process and other immigration related matters. Some of the resources available include:
    • The Web-Based Tutorial
    • The Basic Pilot User Manual
    • A Guide to Selected Travel and Identity Documents
    • Basic Pilot Notices to be posted in your company's hiring area
    • Spanish and English versions of the Basic Pilot Notice of Tentative Nonconfirmation and Basic Pilot Referral Notices

In an effort to provide employers with helpful and up-to-date information concerning immigration law and issues pertaining to the Form I-9 policy and procedures, we have included a link to the Public Affairs Office, where daily press releases can be viewed and printed. A link has also been provided to the Office of Business Liaison, the office responsible for publishing "Employer Bulletins" which provide valuable information to employers. These and other Web-Based resources are only a click away and are available at all times for your use.

For more information on the Basic Pilot Program, please call the SAVE Program at 888-464-4218.

Designated Agent

An employer may choose a Designated Agent to conduct the Basic Pilot program on its behalf. The Designated Agent and the employer must sign a Memorandum of Understanding (MOU) and an Agency Agreement allowing the Agent to carry out the employer’s responsibilities under the MOU.

To receive information on the Basic Pilot program, or on becoming a Designated Agent, please call the SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981, or write to the Department of Homeland Security, SAVE Program, 20 Massachusetts Ave., NW, ULLICO Building 4th Floor, Washington, DC 20529.

The Basic Pilot program is scheduled to end in November 2008.

 

SAVE Program
Frequently Asked Questions

Benefits/Entitlements
Employer Pilots

BENEFITS/ENTITLEMENTS

Q: What is the SAVE Program?

Answer: The Systematic Alien Verification for Entitlements (SAVE) Program is an intergovernmental, information-sharing initiative designed to aid Federal, state and local benefit providers in verifying an applicant's/recipient's immigration status, thereby ensuring that only entitled non-citizens receive public benefits.

Q: What is the cost of the SAVE program to the user?

Answer: The cost of access to the Automated Status Verification System (ASVS) varies by access method. There are currently six access methods available (AS3270; AS3270 (NIIS); PC System 1, 2, and 3; and Batch) with a transaction cost that varies from $.04 to $.32 per query.

Q: What is the system’s response time?

Answer: For agencies using ASVS, the response time for the initial query is 3 to 5 seconds, and for an additional verification request, in most cases, is within 4 Federal government workdays. For agencies using the manual verification process (Form G-845), the response time for mandated agencies is within 10 Federal government workdays from receipt by the immigration status verification office and is negotiable with non-mandated agencies, usually within 20 working days.

Q: What are the procedures to sign a new agency into the program?

Answer: The interested agency sends a written request to the SAVE Pprogram. Written correspondence should be sent to the following address: John E. Nahan, Director, SAVE Program, 425 I Street, N.W., ULLICO Bldg. 1st Floor, Washington, DC 20536. The letter should include the section of law that requires your organization to perform immigration status verification, a summary of the benefit program(s) your organization provides in which SAVE verification would be used, and your organization's anticipated annual usage. The SAVE Program will then begin negotiations with the User Agency to establish a Memorandum of Understanding (MOU) between the two agencies. Once the MOU is signed, a purchase order is submitted to the ASVS contractor for approval. The cost per query is based on the access method that the agency deems appropriate for their needs. User IDs, access codes, and training materials are then issued by the contractor, and the agency can begin accessing information contained in the VIS database.

Q: What safeguards exist in the SAVE system to prevent benefit granting agencies from erroneously denying a benefit?

Answer: Under the standardized SAVE system, an alien is never denied a benefit based solely upon the response from a primary query. An additional verification (automated or manual) procedure is in place as a precautionary measure.

Q: Does the SAVE Program provide information to Federal, state, and local benefit issuing agencies to assist them in understanding the SAVE Program's role in the immigration status verification process?

Answer: Yes. The SAVE program provides participating benefit issuing agencies with user manuals, and conducts periodic users meetings to discuss the SAVE Program's role and address the Users’ concerns. In addition, SAVE program staff is available to answer questions either in writing or by telephone.

Q: Will the SAVE Program be involved in verifying citizenship status?

Answer: The Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA) requires the former Immigration and Naturalization Service, now Department of Homeland Security, to respond to inquiries by Federal, state, and local government agencies seeking to verify or determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any lawful purpose.

Additionally, IIRIRA provides that the Attorney General, in consultation with the Secretary of Health and Human Services, must establish procedures for persons applying for public benefits to provide proof of citizenship in a fair and nondiscriminatory manner. A proposed rule including procedures for providing proof of citizenship was published on August 4, 1998.

Q: Is the VIS database capable of providing the information that states and agencies will need?

Answer: The current SAVE Program can electronically verify the status of most lawful permanent residents as well as aliens in many other categories. For certain groups of aliens or when status cannot be verified immediately through the initial query, the additional verification procedure (manual or automated) should be instituted. This additional verification ensures that all available records systems can be checked and that benefits are not denied to eligible persons. It is anticipated that the SAVE Program will be able to accommodate the anticipated workload under the welfare provisions.

Q: For what programs do benefit providers have to verify an applicant’s immigration status?

Answer: Verification is mandatory for Federal public benefit programs. State and local agencies may choose to verify immigration status for applicants for state and local public benefit programs.

Q: What can states do to verify status before a final regulation is issued on the new verification system?

Answer: The law does not address this issue; states can decide whether to rely on self certification, document review, or contacting the SAVE Program to explore the possibility of signing up with the SAVE Program which administers the current status verification system. States can also refer to the Interim Guidance on Verification published in the Federal Register on November 17, 1997.

Q: Can the SAVE Program verify sponsorship information?

Answer: Yes, the SAVE Program currently supplies state agencies with information that sponsors provided on the original Affidavit of Support, Form I-864, when requested using the Document Verification Request Supplement, Form G-845 Supplement. However, this information is not currently automated.

EMPLOYER PILOTS

Q. How do I join the Basic Pilot Program?

Answer: Employers interested in joining the Basic Pilot Program must sign a Memorandum of Understanding (MOU) with the Social Security Administration and the U.S. Citizenship and Immigration Services' (USCIS) Systematic Alien Verification for Entitlements (SAVE) Program. On July 7, 2004, the SAVE Program began offering a Web-Based Access Method for the Basic Pilot. To register and complete a MOU for participation in the Basic Pilot go to https://www.vis-dhs.com/EmployerRegistration, and follow the instructions.

Q. How much does it cost to participate in the Basic Pilot Program?

Answer: There is no charge to the employer. The government provides the verification services at no cost to employers.

Q. What equipment is needed to participate in an employment verification pilot?

Answer: You will need a personal computer with access to the Internet.

Q. What are the advantages for employers to volunteer to participate in the Basic Pilot Program?

Answer: The Basic Pilot removes the guesswork from document review during the Form I-9 process; it allows the employer to confirm the employment eligibility of all newly hired employees; it improves the accuracy of wage and tax reporting, and protects jobs for authorized workers.

Q. Can I verify the work eligibility of all employees in my company?

Answer: No, you may only verify the employment eligibility of employees hired after you signed the MOU.

Q. When would I perform a verification query?

Answer: You would perform the automated employment verification query after an employee has been hired, and the Form I-9 process complete. This automated query must be initiated within 3 business days of hire. It is important to remember that the system may not be used to pre-screen an applicant for employment.

Q. Does participation in a pilot program eliminate the requirement of completing a Form I-9, Employment Eligibility Verification Form?

Answer: No, Form I-9 requirements remain the same with the exception that all "List B" identity documents must contain a photograph.

Q. Can I use the system to re-verify the employment eligibility of an employee whose employment eligibility document has expired?

Answer: No, the system should not be used to re-verify employment eligibility. You would follow the procedures currently in place by completing Section 3 of the Form I-9.

Q. Have steps been taken to safeguard individual privacy in connection with the pilot programs?

Answer: Yes. The pilots are designed with safeguards to ensure that employer and employee information is protected.

Q. If I join the program, am I obligated to participate in the pilot until it ends?

Answer: No, if you join the program and decide that the pilot is not what you wanted or expected, or that the process is too time consuming or cumbersome, you may drop out of the pilot. You would do this by sending written notice to the SAVE Program that you no longer want to participate in the pilot and give a brief explanation as to why.

 

For More Information

Contact U.S. Citizenship and Immigration Services
Systematic Alien Verification for Entitlements (SAVE) Program
1-888-464-4218

Last Modified 07/30/2004