E-Verify

How E-Verify works

E-Verify is run by US Citizenship and Immigration Services (USCIS) within DHS, in partnership with the Social Security Administration (SSA). The flow:

1. The employee is hired, accepts the offer and completes Form I-9 as usual.
2. The employer creates an E-Verify case using information from the I-9, no later than the third business day after the employee starts work for pay.
3. E-Verify checks the data against SSA and DHS records. If the employee presented a US passport, Permanent Resident Card or Employment Authorization Document, the system may also show the photo on file so the employer can compare it with the document (photo matching).
4. Most cases return "Employment Authorized" within seconds.
5. If the records do not match, E-Verify issues a Tentative Nonconfirmation, also called a mismatch, and the process below starts.

E-Verify does not replace the I-9. Employers enrolled in E-Verify still complete the I-9 for every hire.

What happens with a mismatch

A Tentative Nonconfirmation is not a finding that someone is unauthorized. Data entry errors, name changes after marriage and records not yet updated after naturalization are common causes.

The employer must privately notify the employee and give them the Further Action Notice. The employee decides whether to take action to resolve the mismatch. If they do, they generally have eight federal government working days to contact SSA or DHS.

While the case is open, the employer must not fire, suspend, delay training, withhold pay or take any other adverse action because of the mismatch. The employee keeps working normally. If the case ends in a Final Nonconfirmation, or the employee chooses not to take action, the employer may then end employment, and must close the case in the system either way.

E-Verify vs Form I-9

The I-9 is mandatory for every US employer and every hire. It records that the employer examined the employee's documents. E-Verify is a second step that checks those details against government records.

The practical differences:

• Coverage. I-9: all employers. E-Verify: voluntary for most, required for some.
• What it checks. I-9: that documents reasonably appear genuine and relate to the person. E-Verify: that the name, date of birth, Social Security number and immigration details match government data.
• Document rules. For E-Verify employers, any List B identity document presented with the I-9 must contain a photo.
• Remote document review. Only E-Verify employers in good standing may use the DHS alternative procedure to examine I-9 documents over live video.

Both depend on correct, timely new hire paperwork. A late or sloppy I-9 makes an E-Verify case late too.

Who must use E-Verify

Use is required in these main situations:

• Federal contractors and subcontractors whose contracts include the Federal Acquisition Regulation E-Verify clause. These employers may also have to verify certain existing employees working on the contract.
• Employers of students on the STEM OPT extension, who must be enrolled in E-Verify.
• State mandates. Several states require some or all private employers to use E-Verify, including Alabama, Arizona, Mississippi and South Carolina, and others such as Florida, Georgia, North Carolina, Tennessee and Utah apply it to employers above a certain size. Thresholds and penalties differ by state and change over time.

Some states go the other way and restrict how employers may use it. Check current state law for every state where you hire.

A worked example for a multi-state employer

A home health company with 2,000 aides across Florida, Georgia and Illinois enrolls in E-Verify for all hiring sites so the process is the same everywhere. HR compliance manager Angela Brooks sets up the workflow: offer accepted, I-9 Section 1 completed online during preboarding, Section 2 completed at a branch on day one, E-Verify case created the same day.

In the first quarter, 1,140 cases run. 1,118 return "Employment Authorized" right away, and 22 return a mismatch. Of those, 15 are resolved within a week after employees contact SSA, most because of name changes. Four employees choose not to take action and three cases end in Final Nonconfirmation. Throughout, all 22 keep working and are paid normally until the case closes.

The audit trail shows every case created within three business days, which Angela reviews monthly because missed deadlines across 40 branches are the most likely compliance problem.

Common E-Verify mistakes

• Prescreening. Running E-Verify on applicants before a job offer is accepted and the I-9 is completed is prohibited.
• Selective use. Running cases only for employees who look or sound foreign is discrimination. Run E-Verify for all new hires at enrolled sites.
• Acting on a mismatch. Suspending or delaying the start of someone with an open case is a violation.
• Checking existing employees when not permitted, which is generally allowed only for federal contractors under specific rules.
• Missing the three-day deadline, especially at busy hiring sites. Record the reason if a case is late.
• Forgetting the posters. Enrolled employers must display the E-Verify participation notice and the Right to Work notice where applicants and employees can see them.

This is general information. Rules change and vary by state, so confirm specifics with USCIS guidance or counsel. See also work authorization for the underlying categories.