1. What is E-Verify and how does it work?

E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS),

U.S. Citizenship and Immigration Services (USCIS) that allows employers to verify the
employment eligibility of their employees, regardless of citizenship. Based on the information
provided by the employee on his or her Form I-9, E-Verify checks this information electronically
against records contained in DHS and Social Security Administration (SSA) databases. There is
no charge to employers to use E-Verify.

2. How do I enroll my company in E-Verify?

Before you can start using E-Verify, you need to enroll your company in the program. When you
enroll your company, you will be asked to provide basic contact information for your company
and agree to follow the rules of the program. At the end of the enrollment process, you will be
required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement
between your company and DHS.
Th enrollment process for your company may be found at:
https://www.visdhs.com/employerregistration

3. Which employees should be verified through the E-Verify system?

Employers are required to verify all new hires, both U.S. citizens and non-citizens. Employers
may not verify selectively and must verify all new hires while participating in the program. This
includes all students and temps on your payroll, not just full time faculty and staff.

4. Does E-Verify certify the immigration status of a new hire who is not a U.S. citizen?

No, E-Verify only confirms a new hire’s employment eligibility, not his or her immigration
status.

5. What information is required to conduct an E-Verify initial verification?

After hiring a new employee and completing the Form I-9 required for all new hires (regardless
of E-Verify participation), the employer or agent must submit a query that includes information
from sections 1 and 2 of the Form I-9, including:

• Employee’s name and date of birth,

• Social Security Number (SSN),
• Citizenship status he or she attests to,
• “A” number or I-94 number, if applicable,
• Type of document provided on the Form I-9 to establish work
authorization status, and
• Proof of identity, and its expiration date, if applicable.

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

6. What documentation do I need to keep to indicate that I initiated a query in E-Verify for
a new hire?
If employment is authorized by the E-Verify system, you should either make a notation of the E-
Verify Case Verification Number on the I-9 form, or print out and attach the case details sheet to
the I-9 form. If employment is not immediately authorized, you should inform the new employee
about the non-confirmation and explain the next steps to be taken to resolve the situation.

7. Does E-Verify require that I make copies of documents presented for I-9 purposes?

The E-Verify system requires employers to make and attach copies of Permanent Resident Cards
and Employment Authorization Cards but only if they are presented by the new employee as their
freely chosen documents for completion of Section 2 of the I-9 form. E-Verify does not require
that copies of any other documents be made or kept.

8. Is the employee required to provide his or her SSN on the Form I-9?

Yes. The employee must provide his or her SSN to an E-Verify employer if the employee has
one. If the employee has applied for and is waiting to receive an SSN, the employer should make
a notation on their Form I-9 and proceed with E-Verify upon receipt of the SSN.

9. May I use E-Verify prior to making a job offer to a job applicant?

No. All users, including federal contractors, are prohibited from using E-Verify prior to a job
offer and acceptance by the applicant. By signing the MOU to participate in E-Verify, all
employers agree not to use E-Verify for pre-employment screening of job applicants, support for
any unlawful employment practice, or any other use not authorized by the MOU. Should the
employer use E-Verify procedures for any purpose other than as authorized by the MOU, the
employer may be subject to appropriate legal action and termination of its access to the E-Verify
systems.

10. Does participation in E-Verify provide safe harbor from work site enforcement?

No. However, using E-Verify creates a rebuttable presumption that your company has not
knowingly hired an unauthorized alien. Participation in the program does not provide a “safe
harbor” from worksite enforcement, however.

11. If my company participates in E-Verify, are we required to notify applicants of our

participation?

As an employer participating in E-Verify, you are required to post the notice provided by DHS
indicating your company’s participation in the E-Verify program as well as the anti-
discrimination notice issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices at the Department of Justice. The posting must take place in a prominent
place that is clearly visible to prospective employees and all employees who are to
be verified through the system. Once you are enrolled, and able to log into the E-Verify online
system, these notices can be found in the “On-line Resources” section.

12. What is the required time frame for conducting an employment eligibility check on a
newly hired employee?
The earliest the employer may initiate a query is after an individual accepts an offer of
employment and after the employee and employer complete the Form I-9. The employer must
initiate the query no later than the end of three business days after the new hire's actual start date.
An employer may initiate the query before a new hire's actual start date; however, it may not pre-
screen applicants and may not delay training or an actual start date based upon a tentative non-
confirmation or a delay in the receipt of a confirmation of employment authorization. An
employee should not face any adverse employment consequences based upon an employer's use
of E-Verify unless a query results in a final non-confirmation. In addition, an employer cannot
use an employment authorization response to speed up an employee's start date. This would be
unfair treatment to use E-Verify results to accelerate employment for this employee compared to
another who may have received a tentative non-confirmation.
For example, Company X always assigns a start-date to new employees that is two weeks after
the employee has completed an approved drug test. After the employee has accepted a job with
Company X and after the employee and Company X completes the Form I-9, the company can
initiate the E-Verify query. However, the company cannot speed up or delay the employee's start
date based upon the results of the query (unless the program issues a final non-confirmation, in
which case the employee should not be further employed).
Employers must verify employees in a non-discriminatory manner and may not schedule the
timing of queries based upon the new hire's national origin, citizenship status, race, or other
characteristic that is prohibited by U.S. law.

13. What do I do when the employee’s case receives a “SSA tentative nonconfirmation”
result?

When an employee’s case receives a ‘SSA tentative nonconfirmation’ result, print out the
tentative nonconfirmation notice and provide it to the employee. The employee will check on the
notice that s/he will either “contest” or “not contest” the nonconfirmation and then should sign
the notice. If the employee chooses to “not contest” the nonconfirmation, then it automatically
becomes a final nonconfirmation and you must terminate that employee. If the employee chooses
to “contest” the tentative nonconfirmation, the General User should click on the “initiate SSA
referral” button to print out the Social Security Administration referral letter for the employee to
sign. The employee should take that letter to the nearest Social Security Administration office
within eight (8) federal government workdays and someone from the SSA will sign the referral
letter and resolve the case in the E-Verify system. The employer needs to see electronic or written
confirmation that the discrepancy has been resolved and that employment is now authorized in
the system.

14. What do you do when the employee’s case receives a “DHS tentative nonconfirmation”
result in the system?

When an employee receives a ‘DHS tentative nonconfirmation’ result, the General User should
print out the tentative nonconfirmation notice and provide it to the employee. The employee
should check that s/he will “contest” the nonconfirmation and sign the form. The employee
should be given the DHS referral letter (which is printed out from the system) and informed to
contact, within eight (8) federal government workdays, either the appropriate Program
Administrator for additional assistance in resolving the issue with DHS or DHS directly to
resolve his/her case.

15. Has the SSA or DHS ever modified, evaluated or improved the E-Verify system?
According to the federal government, the E-Verify tutorial and training program are being
reformulated to address issues such as H-1B portability, automatic extensions of work
authorizations for certain nonimmigrants, refugees with unlimited right to work, etc. Although the
data entry requirements of E-Verify will not change, additional employer training and FAQs will
be developed and offered through the website.

16. How can I find out more information about E-Verify?

For more information on the E-Verify System please visit the USCIS website at www.uscis.gov
and follow the link for the E-Verify home page.