Employers who participate in E-Verify MUST:

•Follow E-Verify procedures for each newly hired employee while enrolled and participating inE-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 Nonconfirmation (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’sForm 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