E-Verify: The basics
Keep these fundamental rules of the E-Verify program in mind to maintain compliance with the Memorandum of Understanding and federal employment law:
1. You may not use E-Verify to prescreen applicants for employment. The applicant must have been offered the job, accepted the position, and completed the I-9 form prior to submission to E-Verify.
2. You may not selectively verify new hires. You must verify every new employee.
3. You may not use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
4. You and the new hire must complete Form I-9 before you can submit the employee to us for verification.
5. Form I-9 requirements remain the same as before your enrollment in E-Verify, except that all “List B” identity documents must bear a photograph and the employee must provide his or her Social Security number on the form. Employees who do not have a Social Security number must obtain one. This will delay creating a case in E-Verify until the employee is issued his or her Social Security number. Be sure to document the reason for this delay on the employee’s I-9 form.
6. You may not require a new hire to present a specific document for I-9 or E-Verify purposes except for requiring that a “List B” identity document bear a photograph.
7. You may not use E-Verify to reverify the employment eligibility of an employee once that employee has been verified in E-Verify.
8. You must notify employees of a Tentative Non-Confirmation (TNC) and provide them the opportunity to contest the TNC. Failure to process open verifications promptly and correctly may result in the loss of access to E-Verify.
9. You may not ask the employee to obtain a printout or other written verification from either SSA or DHS to prove eligibility.
10. Employees must be allowed to continue to work without penalty during the TNC appeal process. You may not reduce training, hours, or change job responsibilities solely because of a TNC response.
For Federal Contractors:
1. Federal contractors may only use E-Verify for existing employees under limited circumstances.
2. When deciding how to, and whether, to verify your existing employees there are special discrimination considerations.
3. You are required to initiate a verification of existing employees within a specified period of time. If a verification query is not initiated in a timely manner, you must note the reason for the delay and attach it to Form I-9.
4. You may not verify employees selectively, and must follow E-Verify procedures for all newly-hired employees and all existing employees assigned to a Federal contract while your company is participating in the program.
For more information, review the Supplemental Guide for Federal Contractors.
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