The E-Verify program is a vital tool used by employers across the United States to ensure their workforce is legally authorized to work. It is an internet-based system that compares information from an employee’s Form I-9 to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).
Understanding how E-Verify works is essential for job seekers and business owners alike. This guide provides a straightforward look at the program, the verification process, and the rights of those involved.
What Exactly Is E-Verify?
E-Verify is a free service provided by the federal government. It allows participating employers to confirm the eligibility of their employees to work in the United States by electronically verifying their identity and employment authorization.
While the Form I-9 is a mandatory requirement for all U.S. employers, E-Verify is an additional step. It creates a digital bridge between the employer and government databases to provide an extra layer of certainty regarding a new hire’s status.
The History of the Program
E-Verify began as a pilot program in 1996 under the Illegal Immigration Reform and Immigrant Responsibility Act. Since then, it has expanded significantly in scope and technological capability.
Today, hundreds of thousands of employers use the system. It has evolved from a voluntary program into a mandatory requirement for certain types of businesses and federal contractors.
How the E-Verify Process Works
The E-Verify process follows a specific sequence of steps designed to be quick and efficient. Most verifications are completed in just a few seconds.
Step 1: Completing Form I-9
Before an employer can use E-Verify, the employee must complete Section 1 of Form I-9, Employment Eligibility Verification. The employee provides their name, date of birth, Social Security number, and citizenship status.
The employee must also present acceptable documents to the employer. These documents prove both identity and the legal right to work in the country.
Step 2: Entering Data into E-Verify
Once the Form I-9 is complete, the employer creates a case in E-Verify using the information provided. This must be done no later than the third business day after the employee starts work for pay.
The system then compares this data against millions of records held by the SSA and DHS. This automated check is the core of the program’s functionality.
Step 3: Receiving a Result
In most instances, E-Verify returns a result of “Employment Authorized” almost immediately. This means the information matched government records, and no further action is required.
If the information does not match, the system will return a different result, such as a “Tentative Nonconfirmation” (TNC). This indicates that the records need further review or correction.
Is E-Verify Mandatory for Everyone?
The requirement to use E-Verify depends on several factors, including the location of the business and the nature of the work performed. While it is voluntary for many, it is mandatory for others.
- Federal Contractors: Most companies with federal contracts or subcontracts containing the E-Verify clause must use the system.
- State Laws: Several states have passed legislation requiring some or all employers within their borders to use E-Verify.
- Public Employers: In many jurisdictions, government agencies and public entities are required to use the system even if private businesses are not.
Employers who are not legally required to use E-Verify may still choose to enroll voluntarily. This helps them maintain a legal workforce and avoid potential penalties associated with hiring unauthorized workers.
Understanding Tentative Nonconfirmations (TNC)
A Tentative Nonconfirmation (TNC) does not necessarily mean an employee is not authorized to work. It simply means there is a mismatch between the info provided and government records.
Common reasons for a TNC include name changes that haven’t been reported, typos in the system, or citizenship status updates that haven’t reached the SSA database. If an employee receives a TNC, they have specific rights and responsibilities.
The Notification Process
If a TNC occurs, the employer must provide the employee with a Further Action Notice. This document explains why the mismatch occurred and what the employee needs to do to resolve it.
The employer must discuss the notice with the employee in private. The employee then decides whether they want to contest the finding or not.
Contesting a TNC
If the employee chooses to contest the TNC, the employer must refer the case to the appropriate agency (DHS or SSA). The employee then has eight federal government workdays to contact that agency to begin resolving the issue.
While the case is being resolved, the employer cannot take any adverse action against the employee. This includes firing, suspending, or delaying training based on the TNC status.
E-Verify Self Check for Employees
One of the most helpful features for workers is the E-Verify Self Check tool. This is a free service that allows individuals to check their own employment eligibility status before they even apply for a job.
By using Self Check, you can ensure that your government records are accurate. If there is a discrepancy, you can fix it ahead of time, preventing delays when you start a new position.
How to Use Self Check
To use this service, you visit the official E-Verify website and enter your personal information. The system will confirm your identity through a series of security questions and then run a check against the same databases used by employers.
This tool is entirely private. Employers cannot see that you have used it, and it does not affect your credit score or legal standing.
Employer Best Practices and Rules
Employers using E-Verify must follow strict rules to ensure the program is used fairly and legally. Failure to follow these rules can lead to the termination of their E-Verify account and potential legal action.
- No Pre-screening: Employers cannot use E-Verify to check a job applicant’s status before an offer of employment is accepted.
- Consistent Use: Employers must use E-Verify for all new hires, regardless of citizenship or national origin, to avoid discrimination.
- Poster Requirements: Participating employers must display the “Notice of E-Verify Participation” and the “Right to Work” posters in a place where employees can see them.
- Data Privacy: Employers are responsible for protecting the personal information entered into the system and must ensure it is only used for verification purposes.
Common Myths About E-Verify
There are several misconceptions about E-Verify that can cause unnecessary stress for both workers and business owners. It is important to look at the facts.
Myth: E-Verify is used for background checks.
Fact: E-Verify only confirms employment eligibility. It does not provide information about criminal history, credit scores, or past job performance.
Myth: E-Verify replaces the Form I-9.
Fact: E-Verify is a supplement to the Form I-9 process. Employers must still complete and retain a Form I-9 for every employee.
Myth: A TNC means you will be fired.
Fact: Federal law protects employees during the TNC resolution process. As long as you contest the result and take the necessary steps, you can continue working.
Conclusion
The E-Verify program is a powerful tool designed to streamline the employment verification process and ensure compliance with federal law. By understanding how the system works, what happens during a TNC, and how to use tools like Self Check, both employers and employees can navigate the hiring process with confidence.
Staying informed is the best way to ensure a smooth transition into a new role. If you found this guide helpful, consider exploring our articles on how to fill out a Form I-9 or tips for starting a new job to further your professional knowledge.