Factsheet

E-Verify Process must be conducted:

  • When an offer of employment is accepted
  • I-9 form is completed: I-9 form is still required and must be completed no later than the start date of employment, but may be completed as early as the date an offer of employment is accepted (Section 1)
  • No later than the close of business on day 3 after the employee's actual start date (Section 2)

The E-Verify system also does not replace the requirement of employers to complete an I-9 form for all new employees within three days of hire. The E-Verify system requires that (a) the I-9 form be completed first, and retained according to specific retention rules, and (b) the information from the I-9 form be entered into the E-Verify system to confirm the person’s identity and employment eligibility. After employee has been hired and within three days after starting new job and completing Section 1 of the I-9 form, employee must show valid documentation (as listed on the I-9 form) that establishes his or her identity and employment eligibility. It is employee’s right to choose which documents to produce regardless of the fact that the employer participates in E-Verify, with one exception. If employee presents a List B document to an employer that participates in E-Verify, that document must include a photograph.

  • Employers must post a notice informing employees of their use of E-Verify
  • E-Verify must be used for all employees working on federal contracts regardless of national origin or citizenship status. It may not be used selectively.
  • E-Verify must be used only after hire (offer accepted) and after completion of the I-9 form. Employers may not pre-screen applicants through E-Verify.

After hiring a new employee and completing the Employment Eligibility Verification form (I-9 form), required for all new hires (regardless of E-Verify participation), the employer must submit E-Verify query.

(Response to the initial query is sent within seconds of submitting the query. Documents presented for I-9 form identification only purposes (documents from "List B") to E-Verify employers must have a photograph.)

Confirmations and Nonconfirmations

In the vast majority of cases, the E-Verify system returns a virtually instantaneous result of "Employment Authorized."

  • If an employee receives an information mismatch from their I-9 form and SSA and DHS databases, the employer must promptly provide the employee with information about how to challenge the information mismatch, including a written notice generated by E-Verify.
  • If an employee decides to challenge the information mismatch, the employer must provide the person with a referral letter issued by E-Verify that contains specific instructions and contact information.
  • Employers may not take any adverse action against an employee because he/she contests the information mismatch. This includes firing, suspending, withholding pay or training, or otherwise infringing upon his/her employment.
  • The employee must be given eight federal government work days to contact the appropriate federal agency to contest the information mismatch.
  • If an employee receives a SSA tentative non-confirmation (TNC), they have the option of visiting an SSA field office to update their record or if the employee is a naturalized citizen, the employee may choose to call USCIS directly to resolve the TNC. The phone number can be found on the SSA referral letter.

 

Foreign Nationals

  • Providing as much information as possible may increase the likelihood that an employee will be verified instantly. This includes entering information in optional fields such as the visa number.
  • The best time to get an employee’s visa number is when completing the I-9 form. If the employee presents a foreign passport and I-9 form4 as a List A document, the passport may also contain a U.S. visa label with his or her visa number. If you find a U.S. visa label, make a note of the visa number when filling out the I-9 form and then enter this in the employee information page in E-Verify. Remember, you cannot ask your employee to provide you a specific document at any time during the I-9 form process, except for List B documents which, for E-Verify, must contain a photo.