Welcome to E-Verify! E-Verify is an Internet-based system that allows employers and other participants to confirm the eligibility of individuals to work in the United States. E-Verify is free, and it is the best means available to confirm the employment eligibility of new hires. The E-Verify statute limits the scope of E-Verify operations to the United States, which includes the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Users may only create E-Verify cases in the United States. Companies that choose to participate in E-Verify have the option to have an E-Verify employer agent create E-Verify cases on their behalf. This guide will assist you in verifying the employment eligibility of your new hires as the client of an E-Verify employer agent.

About E-Verify Employer Agents

E‑Verify employer agents are any person, company, or other entity that is providing the service of verifying employees as a third party to clients (employers) through the use of E-Verify. E-Verify employer agents frequently offer E-Verify along with other services, such as background checks, legal assistance and accounting services.

E-Verify employer agents may also handle payroll and other administrative tasks that include managing the process of completing Form I-9, Employment Eligibility Verification (Form I-9).

While DHS offers E-Verify as a free service, E-Verify employer agents may charge fees to their clients for their services. DHS does not certify E-Verify employer agents nor does it regulate the fees they charge.

If an employer decides to use an E-Verify employer agent to confirm the employment eligibility of their new hires or employees assigned to a federal contract through E-Verify then the E‑Verify employer agent will enroll the employer in E-Verify as a client. To enroll the employer, the E-Verify employer agent requires the following information:

• The employer name
• The physical address of the employer
• The employer mailing address
• The employer identification number (also called a federal tax ID number)
• Total number of employees
• The first three digits of the employer’s North American Industry Classification System (NAICS) code
• The physical address for each hiring site participating in E-Verify
• Whether the employer is a federal contractor, airport operator, or a federal, state or local government organization and whether the employer is enrolling in E-Verify because it has a covered federal contract with the Federal Acquisition Regulation (FAR) clause requiring use of E-Verify
• Contact information (name, phone number, fax number (optional) and e-mail address) for the employer’s memorandum of understanding (MOU) signatory who is authorized to act on behalf of the employer
• Contact information (name, phone number, fax number (optional) and e-mail address), if this is not the same person as the signatory

NOTE: If any of the information listed above changes while you are enrolled in E‑Verify, you must notify your E-Verify employer agent. Your E-Verify employer agent is responsible for managing your account in E-Verify.

Upon enrollment, your E-Verify employer agent must provide you with a copy of the E-Verify User Manual and the E-Verify Participation and Right to Work posters in English and Spanish. You are required to become familiar with the E-Verify User Manual and posters. You must display both posters in prominent locations clearly visible to prospective employees and all employees, including those hired to work in a remote setting. This can include displaying the posters digitally, online, in hard copy at physical locations, and providing a copy of the posters with job application materials. In addition to displaying the English and Spanish versions of the E-Verify Participation poster, you may also display any of the foreign language versions provided by E-Verify. 

USCIS further recommends that you provide a copy of these posters with job application materials, either online or in hard copy. Your E-Verify employer agent should provide you with new participation posters when updates are made by DHS so that employees, applicants, and the public have the most recent and complete information regarding E-Verify. After logging in to E-Verify, the posters are available under View Essential Resources.

E-Verify Memorandum of Understanding (MOU)

The E-Verify Memorandum of Understanding (MOU) sets forth the responsibilities of E-Verify employers and E-Verify employer agents. The employer and E-Verify employer agent must agree to and follow the rules and responsibilities in the MOU. During the enrollment process, the E-Verify employer agent will provide your signatory’s name and email address. The MOU signatory is the individual with signature authority to legally bind the company to the agreement. Typically, the MOU signatory is a business owner, company president, human resources director or legal counsel.

Once the E-Verify employer agent submits the enrollment request, the MOU signatory will receive an email from E-Verify. This email will provide a link for the signatory to electronically sign the MOU. The MOU signatory must sign the MOU within the time provided in the email instructions or contact the E-Verify employer agent to have E-Verify resend the MOU.

By signing the MOU, the signatory is committing the employer to comply with the terms of the MOU. After the signatory has electronically signed the MOU, the E-Verify employer agent can begin creating E-Verify cases on your behalf. You should print the MOU and keep a copy for your records.

The signatory will also have the opportunity to provide information about how the company learned about E-Verify.

For information on E-Verify rules and responsibilities for federal contractors with the FAR E-Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.

Client – E-Verify Employer Agent Relationship

E-Verify does not dictate how E-Verify employer agents communicate with their clients and provide them with instructions and training about their E-Verify responsibilities. Both the clients and their E‑Verify employer agents are responsible for properly using E-Verify as outlined in the MOU and other guidance. We recommend that you and your E-Verify employer agent determine how they will communicate with you and provide you with the information you need to follow E-Verify guidelines and processes.

Privacy and Security Statement

The use of E-Verify requires the collection of personally identifiable information (PII). Employers must protect the privacy of employees who submit information to be processed through E-Verify and ensure that all personal information collected is safeguarded and used only for the purposes outlined in the MOU.

E-Verify protects PII in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) by annually disposing of E-Verify records that are over 10 years old. This minimizes security and privacy risks associated with U.S. government retention of PII.

Failure to properly protect employee information can result in identity theft or fraud and can cause legal consequences, considerable inconvenience, harm or embarrassment to the employees or employer affected.

At a minimum, follow the steps in the Privacy Guidelines Overview to protect personal information and comply with the appropriate requirements.

PRIVACY GUIDELINES OVERVIEW

• Allow only authorized users to use E-Verify.
  Ensure that only appropriate users handle information and create cases.

• Protect and store individuals’ information properly.
  Ensure that employee information is stored in a safe and secure location and that only authorized users have access to this information.

• Discuss E-Verify results in private.
  Ensure that all case results, including Tentative Nonconfirmation (mismatch) and Final Nonconfirmation, are discussed in privately with the employee; With the goal of ensuring a legal workforce, employers enrolled in E-Verify have chosen to take the additional step of electronically confirming that their employees are employment authorized.

Form I-9 and E-Verify

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The first day of employment means the first day an employee works in exchange for wages or other remuneration. These Form I-9 requirements also apply to E-Verify employers. With the goal of ensuring a legal workforce, employers enrolled in E Verify have chosen to take the additional step of electronically confirming that their employees are employment authorized.

For employers that use E-Verify employer agents for E-Verify, your E-Verify employer agent must create E-Verify cases for you no later than the third business day after your newly hired employees start work for pay.

Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSN) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all newly hired employees including seasonal, temporary, and rehired employees of E-Verify employers must provide their SSNs.

Additionally, a photo matching step may be triggered if the employee provided a U.S. passport, passport card, Permanent Resident Card (Form I-551), or Employment Authorization Document (Form I-766). You must provide a clear copy of the employee’s Form I-9 photo document to your E-Verify employer agent. It is the responsibility of you and your E-Verify employer agent to determine how you will provide copies of photo documents to your E-Verify employer agent. For specific guidance related to Form I-9 and photo matching, refer to the E-Verify User Manual.

How to Change Your E-Verify Employer Agent

If you decide to use a different E-Verify employer agent, you should first identify a new E-Verify employer agent and establish a relationship. Your new E-Verify employer agent must enroll your company as a client in E-Verify. After your company is enrolled, you may begin using your new E-Verify employer agent.

After enrollment, you may begin using E-Verify. You may need to continue to work with your previous E-Verify employer agent to close any open cases, such as those with a case result of SSA and/or DHS mismatch or Case in Continuance. After the remaining open cases have been closed, your former E-Verify employer agent must close your client account. E-Verify will send an email to your former E-Verify employer agent confirming that your client account is closed. The email instructs your former E Verify employer agent to provide you a copy of the confirmation for your records.

How to Use E-Verify without an E-Verify Employer Agent

If you decide to use E-Verify without an E-Verify employer agent, you should enroll your company in E-Verify using the employer access method. For more information on enrollment, review the Quick Reference Guide for E-Verify Enrollment available at www.E-Verify.gov.

After enrollment, you may begin using E-Verify. You may need to continue to work with your previous E-Verify employer agent to close any open cases, such as those with a case result of SSA or DHS mismatch or Case in Continuance. After the remaining open cases have been closed, your former E-Verify employer agent must close your client account. E-Verify will send an email to your former E-Verify employer agent confirming that your client account is closed. The email instructs your former E‑Verify employer agent to provide you a copy of the confirmation for your records.

After the account is closed, you will no longer have access to the cases created by your former E-Verify employer agent, nor can the cases be transferred to your new E-Verify employer agent. If you want access to your case information, we recommend asking your former E-Verify employer agent to print a report of your cases before your E-Verify account is closed. 

How to Terminate Your E-Verify Participation

To terminate your participation in E-Verify for any reason, you must submit your request through your E-Verify employer agent no later than 30 days in advance of the date you would like the account closed.

During this 30-day period, your E-Verify Employer Agent must resolve all open cases in E-Verify and not create any new cases. Your E-Verify Employer Agent is required to close all open E-Verify cases, even after the request to terminate your E-Verify account is made.

Once we approve the request to close your account, we will send your E-Verify employer agent an email confirming that we have terminated your company’s participation in E-Verify. The email instructs your E-Verify employer agent to provide you a copy of the confirmation for your records.

The E-Verify process begins with a completed Form I-9. You must provide the Form I-9 information to your E-Verify employer agent so that they can enter the information into E-Verify to create your cases. E-Verify confirms employment eligibility by comparing the employee’s Form I-9 information entered in E Verify by the E-Verify employer agent with the information in records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

Case Results

After Form I-9 information has been entered into E-Verify, E-Verify promptly provides an initial case result to your E-Verify employer agent. An initial case result is the first, and sometimes final, case result provided by E-Verify. The manner in which your E-Verify employer agent communicates a case result to you is between you and your E-Verify employer agent.

CASE RESULTS - OVERVIEW

Employment Authorized	The employee’s information matched records available to SSA and/or DHS.
E-Verify Needs More Time	This case was referred to DHS for further verification.
Tentative Nonconfirmation (Mismatch)	Information did not match records available to SSA and/or DHS. Additional action is required.
Case in Continuance	The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.
Close Case and Resubmit	SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee’s U.S. passport, passport card, or driver’s license information is incorrect.
Final Nonconfirmation	E-Verify cannot confirm the employee’s employment eligibility after the employee visited SSA or contacted DHS.

Each case result is unique and may or may not require additional action by you, your E‑Verify employer agent and/or the employee. For specific guidance related to case results, review the E-Verify User Manual.

IMPORTANT: Your employee has the right to take action to resolve a mismatch. You may not take any adverse action against an employee because of an initial case result or the employee’s decision to take action to resolve mismatch. An employer may terminate an individual’s employment after the employer receives a final non-confirmation from E-Verify.

IMPORTANT: You may be required to provide a copy of the employee’s Form I-9 photo document to your E-Verify employer agent. Your employee is entitled to written notice explaining why he or she received a mismatch and an opportunity to take action to resolve the mismatch. 

 

Related Resources

Social Security Administration Resumes E-Verify Operations

E-VERIFY RESOURCES	URL
E-Verify Public Website General information about E-Verify Program information and statistics Frequently asked questions E-Verify user manuals E-Verify quick reference guides Information about employee rights and employer obligations	www.E-Verify.gov
E-Verify Enrollment Application Website for initial employer enrollment	www.E-Verify.gov/e-verify-enrollment
E-Verify Access for Employers and Corporate Administrators User access to E-Verify	www.E-Verify.gov/employers
E-Verify Access for E-Verify Employer Agents User access to E-Verify	https://e-verify.uscis.gov/esp

E-VERIFY CONTACT INFORMATION

The E-Verify Contact Center is available to assist you with using E-Verify, password resets, cases and technical support. We can also answer your questions about E-Verify policies and procedures, Form I-9 and employment eligibility. We are available Monday through Friday, from 8 a.m. to 8 p.m. Eastern time. For customers with hearing and speech impairment, TTY phone is available from 8 a.m. to 8 p.m. Eastern time except on federal holidays.

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER)

Equal Employment Opportunity Commission (EEOC)

EEOC is available to answer your questions about employment discrimination, including discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.