What is E-Verify?

Use E-Verify to confirm an employee's eligibility to work in the US.

Jeffrey Mo avatar
Written by Jeffrey Mo
Updated over a week ago

E-Verify is a voluntary program for most employers. All employers can use the Internet-based system to verify the employment eligibility of their employees. It is administered by the U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). The primary purpose of E-Verify is to help employers ensure that their employees are authorized to work in the United States.


E-Verify federal requirements

E-Verify is voluntary for most employers. Employers that have contracts with the federal government that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to participate in E-Verify. This federal rule requirement also includes employers who are considered to be sub-contractors with the federal government.

Employers that participate in E-Verify must communicate their participation to employees with posters. Employer Resources provides employers with posters, notices, fact sheets, and much more to stay compliant with E-Verify.


E-Verify state requirements

While federal requirements for participation in E-Verify is voluntary for most employers, some states have a requirement that employers must participate.

State

E-Verify requirements

All private sector employers

All private sector employers

Employers awarded state contracts

Private sector employers with 25 or more employees

All state contractors and sub-contractors

Private sector employers with 11 or more employees

All state contractors and sub-contractors

Employers awarded state contracts, including subcontractors

Private sector employers that bid for public works contracts, including sub-contractors

Employers awarded state contracts over $50,000, including subcontractors

All private sectors employers

Employers awarded state contracts over $5,000, including subcontractors

Public contractors that receive tax incentives

Private sector employers with 25 or more employees

Employers awarded state contracts, including subcontractors

Employers awarded state contracts over $25,000, including subcontractors

All employers

Private sector employers with 35 or more employees

Employers awarded state contracts, including subcontractors

Private sector employers with 25 or more employees

Contractor with an average of 50 employees over the previous 12 months, prior to entering into a contract at least $50,000 with a state agency

Please note: The above information is for general informational purposes only and not legal advice. Consult a qualified attorney for specific legal guidance. Laws can change and interpretations may vary, so verify information and stay informed about legal developments in your jurisdiction.


Enroll in E-Verify

Employers must complete the E-Verify enrollment process within a single session. The Enrollment Checklist is provided to employers to help with the enrollment process:

  • Company legal name

  • Employer identification number (also called a Federal Tax ID Number or FEIN)

  • Primary physical address from which your company will access E-Verify

  • Mailing address (if different from the physical address)

  • Hiring sites that will participate in E-Verify in each state

  • Total number of current employees

  • Contact information (name, phone number, email addresses) for your company’s Memorandum of Understanding (MOU) Signatory and Program Administrator

E-Verify enrollment process

The E-Verify website provides details on the enrollment process. Once you have all the information to submit your E-Verify enrollment you can begin.

  1. Visit Enrollment website and accept terms

  2. Set up the enrollment point of contact for the account

  3. Determine your account access

  4. Select your employer category

  5. Enter your company information

  6. Provide hiring site information

  7. Register E-Verify Program Administrators and MOU Signatory

  8. Review your information

  9. Review and agree to the Memorandum of Understanding (MOU)

  10. Print the signed Memorandum of Understanding (MOU)

If you are unsure that an E-Verify enrollment has been submitted, you can check if your company is already a participating employer.


E-Verify case

A case is generated every time you submit an employee’s information as part of the E-Verify process.

There are two types of E-Verify case results:

  • Employment Authorized: the employee is authorized to work, and no additional action is required by the employer.

  • DHS or SSA Tentative Nonconfirmation (mismatch): The employee’s information entered does not match available records with DHS and/or SSA.

If a mismatch result occurs, the employer may terminate the employee if:

  • The employee decides to not take action to resolve the mismatch.

  • The employee receives a Final Nonconfirmation result indicating their work authorization cannot be confirmed.

When an employee experiences a mismatch, it is recommended that they review Employee Rights and Responsibilities for more information about what they can do.


E-Verify and I-9

E-Verify uses information from the Form I-9. There are some key differences in requirements between E-Verify and Form I-9.

E-Verify requirements

Form I-9 requirements

Participation is voluntary for most employers

Mandatory for all employees to complete

The employee’s SSN is required to submit an E-Verify case

The employee does not need to have an SSN to complete the form

Identitification document must include a photo from List B

Identitification document is not required to include a photo from List B

CAN’T be used to reverify employee work authorization due to expired documents

Must be used to reverify expired employment authorization

DHS approved alternative procedure

Employers who participate in E-Verify can choose to use a DHS approved alternative procedure to verify the employee’s I-9 documents as long as they create an E-Verify case for all employees.

The DHS approved alternative procedure requires employers to do the following:

  • Set up a live video chat with the employee, which allows you to see the employee show their I-9 documents on camera for your review.

  • Complete Section 2 of Form I-9, confirming that an alternative procedure authorized by DHS to examine documents was used.

  • Keep the completed I-9, including any copies you made of the employee’s I-9 documents provided from Lists A, B and C, for your records.

  • Create an E-Verify case.


FAQs

What information is required to create an E-Verify case?

A completed Form I-9 is required to create an E-Verify case. The employer or employer agent creates a case by inputting information from sections 1 and 2 of the Form I-9.

Which is a rule all E-Verify employers must follow?

All employers must submit all new employee information no later than the third business day they are employed.

Can an employee’s immigration status be verified through E-Verify?

No. E-Verify is a service used to verify employment eligibility only. E-Verify can’t and should not be used to verify an individual’s immigration status.

What is myE-Verify?

myE-Verify allows individuals to track their E-Verify case. This free service also provides benefits for protecting your identity and searching for jobs. People are encouraged to create a myE-Verify account.

What if an employee does not have a Social Security Number (SSN)?

You can’t use E-Verify to create a case without an SSN. If an employee has applied but has not yet received their SSN the employee can continue to work. Once the employee receives their SSN, you can create a case with E-Verify and enter a reason for the delay which you can state “Awaiting for an SSN”.

Does E-Verify replace the I-9?

No. Employers must have employees complete Form I-9. Participation in E-Verify is voluntary for most employers.

Do all employees have to be verified by E-Verify?

Yes. E-Verify employers must verify all new employees. You may not select employees to verify with E-Verify.


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