What is IMAGE? 

IMAGE stands for “U.S. Immigration and Customs Enforcement’s Mutual Agreement between Government and Employers” program. It is a joint government and private sector initiative designed to “combat unlawful employment and reduce vulnerabilities that help illegal aliens gain such employment.” The initiative is basically designed to improve employer self-compliance.

Under the IMAGE program, employers receive education and training from ICE on proper hiring procedures, fraudulent document detection, use of E-Verify, and anti-discrimination procedures. To participate in IMAGE, employers must submit to a Form I-9 audit by ICE and verify all of their employees SSNs through the SSNVS.

After completing the program, an employer will be deemed “IMAGE Certified.” ICE believes that this will become an industry standard.

Will participating in IMAGE guarantee that an employer will not be found liable in an enforcement action? 

No. But participation in IMAGE will be considered a mitigating factor in the determination of fines should they be levied.

What obligations do IMAGE participants face?  

All IMAGE participants must meet the following requirements: 

• participate in E-Verify
• establish an internal training program covering Form I-9 compliance, detecting fraudulent identity documents and using E-Verify
• ensure that only trained employees complete the Form I-9 and use E-Verify
• establish a secondary review process to ensure that one person cannot subvert the process
• conduct I-9 audits semi-annually using a neutral party
• establish self-reporting procedures to inform ICE of violations or deficiencies
• set protocols for responding to no-match letters
• establish a tip line for employees to report violations or deficiencies
• for companies with 50 employees or more, designate a compliance officer to ensure employment practices are in accordance with IMAGE guidelines
• annually report to ICE the number of employees removed and denied employment as a result of IMAGE participation, any major organizational changes, and any changes in the contact information of the company’s IMAGE liaison to ICE
• report immediately to ICE the discovery or allegations of any criminal violations

What is Social Security Number Verification Service? 

Social Security Number Verification Service (SSNVS) was created in 2006 by the SSA to allow employers to verify SSNs via a web site. It is a free service available to any employer.

SSNVS can only be used by employers and payroll services to verify that a SSN matches a particular name and only for the purpose of completing a W-2 form. SSNVS will not tell you whether an employee is authorized to work in the United States.

Employers can verify up to ten names at a time and receive results instantly. They can also upload files with up to 250,000 names and get a response in one business day.

The SSA has posted a detailed tutorial on using SSNVS online at www.ssa.gov/employer/SSNVS.pdf.

What restrictions are placed on employers seeking to use Social Security Number Verification Service? 

• Employers cannot use the system to prescreen applicants.
• Employers cannot use the system by itself to take punitive actions against an employee whose name does not match.
• Employers must establish policies that are applied consistently to all employees (including, for example, using the system on all newly hired employees or verifying all employees at an employer).
• Privacy must be protected by ensuring that third party use of SSNVS is limited to organizations that handle annual wage reporting responsibilities under contract to the employer.
• SSNVS should not be used by third party companies that conduct identity verification, background checks, or non-wage reporting purposes.