E-Verify Information

Employers who participate in E-Verify MUST:

• Follow E-Verify procedures for each newly hired employee while enrolled and participating in E-Verify.
• Notify each job applicant of E-Verify participation.
• Clearly display the ‘Notice of E-Verify Participation’ and the ‘Right to Work’ posters in English and Spanish and may also display the posters in other languages provided by DHS.
• Complete Form I-9 for each newly hired employee before creating a case in E-Verify.
• Obtain a Social Security number (SSN) from each newly hired employee on Form I-9.
• Ensure that Form I-9 ‘List B’ identity documents have a photo (Section 2.1).
• Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
• Provide each employee with notice of and the opportunity to contest a Tentative Non-confirmation (TNC).
• Ensure that all personally identifiable information is safeguarded.

Employers participating in E-Verify MUST NOT:

• Use E-Verify to pre-screen an applicant for employment.
• Create an E-Verify case for an employee who was hired before the employer signed the E-Verify MOU.
• Take adverse action against an employee based on a case result unless E-Verify issues a Final No confirmation.
• Terminate an employee during the E-Verify verification process, because he or she receives a TNC.
• Specify or request which Form I-9 documentation a newly hired employee must use.
• Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.
• Selectively verify the employment eligibility of a newly hired employee.
• Share any user ID and/or password.

Key Points:

• While E-Verify is generally voluntary, some states require employers to use E-Verify, and it is mandatory for some federal government contracts
• E-Verify could become mandatory nationwide. Adopting it earlier affords employers more time to become familiar with it and adapt.
• Can you imagine what you happen to production if that happened? Employers should get in front of this push
• An Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
• E-Verify helps companies avoid hiring and training a person who turns out to be ineligible to work