E-Verify Quick Reference Guide for Employers
Quick Reference Guide for Employers | Current as of June 2018
1.0 Introduction
This guide provides a high level overview of the E-Verify process that employers follow when using E Verify. All users must follow the guidelines set forth in the E Verify Memorandum of Understanding for Employers (MOU). This guide should be used as a supplement to the E Verify User Manual.
For the purpose of this manual, the term ‘employer’ means any person, company, or other entity that is required to complete Form I-9, Employment Eligibility Verification (Form I-9) including any individual with an E-Verify user account.
E-Verify works by electronically comparing the information from an employee’s Form I 9 with records available to SSA and/or DHS to verify the identity and employment eligibility of each newly hired employee and/or employee assigned to a covered federal contract.
1.1 User Roles And Employer Responsibilities Overview
Enrolled employers can assign their users with different permissions and functions, depending upon the user’s role. There are two types of users: program administrators and general users. Program administrators provide support for the general user and manage the company profile. Employers are required to have at least one program administrator and can have as many program administrators as they choose.
General users and program administrators must successfully complete the online E-Verify tutorial before they can create or manage cases. Review the permissions of each user role in the User Role Overview below.
All users must read and understand the MOU and the E-Verify User Manual before accessing E-Verify. Failure to abide by the terms of use may lead to employer liability for the violation of employee rights.
USER ROLE OVERVIEW
| USER ROLE | PERMISSIONS |
|---|---|
Program Administrator (at least one required) | Every E-Verify account must have at least one program administrator. The program administrator is responsible for following all E-Verify program rules and staying informed of changes to E-Verify policies and procedures. The program administrator role includes functions of a general user. Permissions include:
|
General User (optional) | Employers can have as many or no general users as they desire. The general user is responsible for following all E- Verify program rules and staying informed of changes to E-Verify policies and procedures. Permissions include:
|
E-Verify users must follow the guidelines specified in the Rules and Responsibilities Overview.
RULES AND RESPONSIBILITIES OVERVIEW
Employers who participate in E-Verify MUST:
- Follow E-Verify procedures for each employee for whom an E-Verify case is created.
- Notify prospective employees and all employees, including those hired to work in a remote setting by clearly displaying the E-Verify Participation and the Right to Work posters in English and Spanish. 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. You 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 from each newly hired employee on Form I-9.
- Ensure that Form I-9 List B identity documents have a photo.
- Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
- Enter the employee’s email address in E-Verify if it was provided on Form I-9.
- Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (mismatch).
- 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.
- Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.
- Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
- Use E-Verify to discriminate against an employee on the basis of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
- Create an E-Verify case for an employee who was hired before the employer signed the E-Verify MOU, except in certain instances such as employees of federal contractors with the FAR E-Verify clause.
- Take adverse action against or terminate an employee because he or she received a mismatch result, unless E-Verify issues a case result of Final Nonconfirmation.
- Share any user ID and/or password.
For more information on E-Verify procedures, rules and responsibilities for federal contractors with the FAR E-Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.
1.2 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.
Failure to properly protect employee information can result in identity theft or fraud and can cause 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. - Secure access to E-Verify.
Protect passwords used to access E-Verify and ensure that unauthorized persons do not gain access to E-Verify. - Protect and store employee 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 Nonconfirmations (mismatches) and Final Nonconfirmations are discussed privately with the employee.
2.0 Company – Program Administrators
Program administrators manage the site administration of their E-Verify employer account. A program administrator uses the Company menu to:
- Add general users
- Add other program administrators
- Change or update company profile information
- Request termination participation in E-Verify
2.1 Add New User
Only program administrators can add E-Verify users. To add a user, the program administrator must provide the user’s email address, name, and phone number.
Add New User - Process Overview
- From Company Account, select Add New User.
- Choose general user or program administrator and provide the person’s name, phone number, and email address and click Next.
- Accept the system-generated user ID or create a new user ID.
- Review the information and then click Submit New ID.
- The new user will receive their user ID and password by email.
2.2 View Existing Users
Only program administrators can view user information and reset passwords. View Existing Users allows program administrators to view, search and maintain the general users and program administrators assigned to the company, as demonstrated in the View Existing Users – Process Overview.
View Existing Users – Process Overview
- From Company Account, select View Existing Users.
- Search for a user using the criteria displayed in each field.
- Click Search.
- This Users list displays a list of all user accounts. You can view or modify a user account by selecting the user ID link or click on the view action icon.
2.3 Edit Company Profile
Program Administrators must maintain accurate company information in the company profile. The company profile should be updated whenever there is a change in any information contained in the company profile.
To update employer information in E-Verify, complete the steps in the Edit Company Profile – Process Overview. Users may also view the MOU between E-Verify and the employer. Once a program administrator has updated the company’s profile, he or she will be subject to the rules and requirements associated with the profile and have access to all online resources specific to the profile.
Edit Company Profile – Process Overview
- From Company Account, select Company Profile.
- To update any section of the Company Information page, click Edit in the section you want to edit (e.g., edit company information, employer category, company address or hiring sites).
- Make the required changes and click Save.
- To view MOU, click view current MOU to see the MOU between E-Verify and the employer. If you have trouble viewing your MOU, make sure you have disabled any pop-up blockers and are using the latest version of your PDF viewer software.
After clicking Save, the program administrator cannot undo any changes that have been entered without manually re-entering the original information.
3.0 Initial Verification
The E-Verify verification process begins with a completed Form I-9. E-Verify confirms employment eligibility by comparing the employee’s Form I-9 information entered in E-Verify by the employer with the information in records available to SSA and/or DHS.
When E-Verify checks the employee’s information with records available to SSA and/or DHS, a case result is provided. Case result statuses can be initial, interim or final. Proper use of E-Verify requires users to close all cases when they receive a final case result of Final Nonconfirmation or Close Case and Resubmit. Cases resulting in Employment Authorized are automatically closed by the system.
3.1 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 information their employees provide match government records.
Newly hired employees must complete Section 1 of Form I-9 in its entirety on the first day of employment. They may complete Section 1 before this date, but only after acceptance of an offer of employment. Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSNs) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all employees whose employment eligibility will be verified in E-Verify must provide their SSNs.
Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, physically examine the documents presented by the employee in-person or remotely examine using an alternative procedure authorized by the Secretary of Homeland Security to verify the employee’s identity and employment authorization. Do not specify which documents from the “Lists of Acceptable Documents” on Form I-9 the employee must present. Employers may reject a document if it does not reasonably appear to be genuine and to relate to the person presenting it.
3.1.1 Receipts
If the employee presents an acceptable receipt for Form I-9 showing that he or she applied to replace a document that was lost, stolen, or damaged, the employer must wait to create a case in E-Verify. When the employee provides the actual document for which the receipt was presented, or other Form I-9 documentation from the List of Acceptable documents, the employer must update the employee’s Form I-9 and then create a case in E-Verify for the employee.
However, employers must create the E-Verify case by the third business day after the employee is hired if the employee presents one of the following documents, which are also considered receipts:
- The arrival portion of Form I-94/I-94A with a temporary Form I-551 Alien Documentation, Identification & Telecommunications (ADIT) stamp and a photograph of the individual.
- The departure portion of Form I-94 with a refugee admission stamp or computer-generated printout of Form I-94 with admission code “RE.”
For more information on acceptable receipts, see the Handbook for Employers (M-274) or visit Receipts on I-9 Central.
3.1.2 Rehires
Employers have the option of treating all rehired employees as new hires by completing a new Form I-9 and creating a case in E-Verify. However, employers also have the option of completing Section B, Reverification and Rehire, for rehires and only completing a new Form I-9 and creating an E-Verify case upon rehiring employees for whom no previous E-Verify cases were created.
If you rehire a former employee within three years of the initial execution of the previous Form I-9, but did not create an E-Verify case, or if you created a case and did not receive a result of employment authorized, have the employee complete a new Form I-9 and create a case in E-Verify.
If you rehire a former employee within three years of the date of the initial execution of the previous Form I-9, created a case from that Form I-9, and received a result of employment authorized, you may be able to rely on the information from the employee’s previous Form I-9. Follow the steps outlined below when rehiring an employee who previously had a case created in E-Verify and received an employment authorized result.
| If the previously created E-Verify case received a result of employment authorized and the Form I-9 has: | Then: |
|---|---|
| No expired documents | Write the employee’s rehire date in Supplement B of the existing Form I-9. Do not create a new case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
An expired:
| Write the employee’s rehire date in Supplement B of the existing Form I-9. Do not create a case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
| An expired List A or List C document that triggers reverification | Write the employee’s rehire date and the updated employment authorization document information in Supplement B of the existing Form I-9. Do not create a case in E-Verify. or Complete a new Form I-9 for the employee and create a new E-Verify case for the employee. |
3.2 Create A Case
E-Verify cases must be created no later than the third business day after the employee starts work for pay. Employers who learn that they inadvertently failed to create a case by the third business day after the employee started work for pay should bring themselves into compliance immediately by creating a case for the employee.
Do not create a case for an employee whose first day of employment is before the effective date of the employer’s MOU.
To create a case, you will take the information from the employee’s completed Form I 9 and enter it into E-Verify. To enter this information into E-Verify, you must first log in with your assigned user ID and password and then follow the steps outlined in How to Create a Case – Process Overview.
HOW TO CREATE A CASE – PROCESS OVERVIEW
- From the E-Verify Welcome page, click the drop-down arrow next to Cases, and select New Case.
- Enter the employee’s information from Section 1 of Form I-9. If you do not enter required information, E-Verify generates a field error message and you must enter the required information to continue with the case.
- If the employee provided an email address on Form I-9, you must enter it into E Verify. E-Verify may send the employee email notifications with information about his or her E Verify case. If the employee did not provide an email address on Form I-9, click the box next to No email address provided.
- Employer Agents can type part or all of the company name in the Company Name field and select the company from the drop-down menu that appears. Click Continue.
- From Section 1 of the employee’s Form I-9, choose the appropriate option for Citizenship Status. Click Continue.
- Click List A Document or List B & C Document, using information provided in Section 2 of the employee’s Form I-9. Then select the document or combination of documents provided in Section 2. Click Continue.
- Type the employee’s first day of employment recorded in Section 2 of Form I-9 into the Employee’s First Day of Employment field. Alternatively, you may click Today, 1 Day Ago, or 2 Days Ago and the corresponding date automatically populates in the Employee’s First Day of Employment field. If you select Other, the system requires you to manually enter the employee’s first day of employment.
- If the case is being created 3 or more days past the employee’s first day of employment, you must provide a reason for the delay. Select a reason from the drop-down menu.
- Provide Visa Number when applicable.
- Employee ID is an optional field for users who wish to assign an internal tracking code to a case. If desired, enter a unique identifier assigned to this case. Click Continue.
3.2.1 Employee’s First Day of Employment
The employee’s first day of employment is the date the employee begins working in exchange for wages or other remuneration. The employee’s first day of employment is recorded in Section 2 of Form I-9.
If Form I-9 is completed after the employee accepts the offer of employment, but before the actual start of work for pay or other remuneration, it is possible that the first day of employment recorded on Form I-9 could change after the employer created the case in E-Verify. If this happens, no additional action is required in E Verify as the first day of employment cannot be changed once the case has been submitted. If the employee’s first day of employment changes, employers should correct the date originally indicated as the employee’s first day of employment in the certification block in Section 2 on the employee’s Form I-9first. Consult the Handbook for Employers (M-274) or visit www.uscis.gov/i-9central for more information.
Employees whose first day of employment was on or before November 6, 1986, are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment. Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before November 27, 2009, are not subject to Form I-9 and their employers may not create cases in E-Verify for them based on this employment.
3.2.2 E-Verify Photo Matching
E-Verify photo matching will prompt the E-Verify user to compare the employee’s photo document with a photo displayed during creation of the E Verify case. This helps ensure that the document the employee provided matches records available to DHS.
The four List A documents that will trigger photo matching are the U.S. passport, passport card, Permanent Resident Card (Form I-551) and Employment Authorization Document (Form I-766). When the employee presents one of these documents, employers must copy the front and back of the document (or in the case of a U.S. passport, copy the Passport ID page and the Passport Barcode page) and retain the copies with Form I-9. If the employee’s Form I-9 information matches records available to DHS, E-Verify displays the employee’s photo from the document presented.
To match photos, compare the photo displayed by E-Verify to the photo on the employee’s actual document or a copy of the employee’s document and determine if the photos are reasonably identical. The photos should be identical with only minor variations in shading and detail between the two photos based upon the age and wear of the employee’s document and the quality of your computer monitor.
Note that a watermark has been added to the photo displayed in E-Verify to prevent unauthorized use. The photo on the document presented by the employee should not have a watermark. Absence of a watermark on the photo from the employee’s document does not mean that the document is not genuine.
Do not compare the photo displayed by E-Verify to the actual employee. Employers should have directly compared the photo on the document to the employee during Form I-9 completion and prior to creating the E-Verify case. Photo Matching - Process Overview provides a summary.
PHOTO MATCHING – PROCESS OVERVIEW
- E-Verify prompts you to compare a photo displayed in E-Verify with the employee’s Form I 9 photo document. You must obtain a copy of the employee’s document and retain it with Form I-9.
- Account for minor variations in shading and detail between the two photos.
- Select the option next to the appropriate response.
- Click Continue to Case Results.
REMINDER
- Employees always have a choice of which acceptable documents to present for Form I‑9; employers must not require workers to present documents that activate photo matching.
- Make a copy of all U.S. passports, passport cards, Permanent Resident Cards (Form I-551) and Employment Authorization Documents (Form I‑766) presented by employees and retain them with Form I-9.
- The photo will display automatically in E-Verify during the verification process.
- Only compare the employee’s Form I-9 photo document to the photo displayed in E-Verify.
3.2.3 Review Case- And Are you Sure? Alert
Users are prompted to review and confirm that the information entered is correct and may edit case details before submitting the case. If the information entered does not immediately match official government records that E-Verify can access, the Review Case – Are You Sure? screen appears so the user can confirm that the information entered matches the Form I-9. Users may either confirm that the information matches Form I-9 or change the information in the prompted fields if the information was entered incorrectly.
E-Verify will automatically close any case in draft status that is open and has not been updated within 180 federal government working days.
DUPLICATE CASES FOUND ALERT
A Duplicate Cases Found alert appears for a case that contains information found in one or more cases created within the last 365 days under the same employer account. If an employer receives a Duplicate Cases Found alert, there may be valid reasons for them to create a new case for the same employee, such as if the previous case contains incorrect information. Review the situation and determine whether an open case for the same employee can be used/continued. Prior to continuing, close any open duplicate cases that were created in error.
4.0 Case Results
E-Verify checks information entered against records available to DHS and SSA. Once a case is created, a result is displayed. The chart below provides an overview of the case results that E-Verify may return. This section provides additional information on each case result.
CASE RESULTS - OVERVIEW
| Employment Authorized | The employee’s information matched records available to DHS and/or SSA. |
|---|---|
| E-Verify Needs More Time | This case was referred to DHS for further verification. |
| Tentative Nonconfirmation (Mismatch) | Information did not match records available to DHS and/or SSA. Additional action is required. |
| Case in Continuance | The employee has contacted DHS or visited an SSA field office, but more time is needed to determine a final case result. |
| Close Case and Resubmit | DHS or SSA 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 contacted DHS or visited SSA. |
Related Resources
4.1 Employment Authorized
Most E-Verify cases receive a case result of Employment Authorized. Employment Authorized means that the information entered into E-Verify matched records available to SSA and/or DHS confirming employment eligibility of the employee whose information was entered. E-Verify automatically closes cases resulting in Employment Authorized. You can locate the closed case and view case details in View/Search Cases. See Section 4.2 Case Alerts and View/Search cases for guidance on how to search for and view existing cases in E-Verify. At this stage, you should record the case number on this employee’s Form I-9 or print out the Case Details page and attach it to the Form I-9.
Automatic closure only applies to employers directly accessing E-Verify to create cases. If you are using web service software to create cases, you must manually close all cases, including cases resulting in employment authorized.
4.2 E-Verify Needs More Time
E-Verify Needs More Time means that DHS cannot verify the data and needs more time. The case is automatically referred for further verification. DHS will respond to most of these cases within 24 hours, although some responses may take up to 3 federal government working days. No action is required by either you or the employee at this time, but you can check E-Verify daily for a response.
Federal law prohibits employers from taking any adverse action against an employee because his or her case receives a E-Verify Needs More Time case result
E-Verify Needs More Time Summary
EMPLOYER ACTION
- Check E-Verify for case result updates
- Follow next steps based on case result provided
EMPLOYEE ACTION
- None
4.3 Tentative Nonconfirmation (Mismatch)
A mismatch means that the information entered into E-Verify does not match records available to DHS and/or SSA. It is possible for an employee to receive a dual mismatch, which means the case received a mismatch result from both agencies at the same time because information entered into E-Verify does not match records available to both DHS and SSA. E-Verify identifies the agency or agencies associated with the mismatch in the Further Action Notice.
NOTIFY EMPLOYEE OF MISMATCH
As the employer you must notify the employee of the mismatch result as soon as possible within 10 federal government working days after E-Verify issues the mismatch result.
NOTIFY EMPLOYEE OF MISMATCH SUMMARY
EMPLOYER ACTION
- Download and print the Further Action Notice and confirm that the information listed at the top is correct
- Privately notify employee of the mismatch
- Have employee review and confirm that his or her information listed at the top is correct
- Instruct the employee to indicate his or her decision to take action or not and to sign and date the Further Action Notice. Provide the employee with a copy of the signed Further Action Notice in English (and a translated version, if appropriate)
- Keep the original signed Further Action Notice on file with Form I-9
- Tell the employee to give you their decision by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify; and
- Close the case in E-Verify if the employee does not give you their decision whether to take action by the end of the 10th federal government working day.
EMPLOYEE ACTION WITHIN 10 FEDERAL GOVERNMENT WORKING DAYS AFTER E-VERIFY ISSUES THE MISMATCH RESULT
Within 10 federal government working days of E-Verify issuing the mismatch result, the employee must:
- Confirm that the information on the Further Action Notice is correct;
- Decide whether to take action to resolve the mismatch or not and indicate choice on the Further Action Notice;
- Acknowledge the mismatch case result by signing and dating Further Action Notice; and
- Notify the employer of your decision by the 10th federal government working day after E-Verify issued the mismatch result or the employer will close the case in E-Verify.
CONFIRM EMPLOYEE DECISION AND REFER CASE
After the employee is notified of the mismatch and decides whether to take action to resolve the case result, the employee should acknowledge the decision on the Further Action Notice. Employees who choose to take action on a mismatch are referred to DHS and/or SSA. If a dual mismatch is received, the employee will be referred to both DHS and SSA. Follow the steps outlined in the Confirm Employee Decision and Refer Case – Process Overview.
An employee has eight federal government working days to take action to begin resolving the mismatch:
- DHS MISMATCH: Call DHS to take action to begin resolving the case
- SSA MISMATCH: Visit an SSA field office to take action to begin resolving the case
- SSA citizenship MISMATCH: Call DHS or visit an SSA field office to begin resolving the case
- Dual MISMATCH: Call DHS or visit an SSA field office to take action to begin resolving the case.
Federal government working days are Monday through Friday (except for federal holidays).
Give the employee the Referral Date Confirmation from E-Verify. The Referral Date Confirmation provides the date by which the employee must call DHS and/or visit SSA. The employee should bring the Further Action Notice when he or she visits an SSA field office.
If the photos do not match during E-Verify photo matching, E-Verify will prompt the employer to upload copies of the employee’s photo document and the case may result in a mismatch. When this happens, the employer must notify the employee of the mismatch and allow the employee to choose whether to take action to resolve the mismatch. If the employee decides to take action on the photo mismatch, the employer must refer the case in E-Verify and the employee must contact DHS to begin resolving the mismatch.
CONFIRM EMPLOYEE DECISION AND REFER CASE SUMMARY
EMPLOYER ACTION
- Take next steps in E-Verify based on the employee’s decision to take action regarding the mismatch. Notify the employee to tell you their decision by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify.
- If employee decides to take action, refer the case.
- If referred:
- Print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9
- Check E-Verify for case result updates and follow steps based on case result provided.
- If the employee decides not to take action within 10 federal government working days after E-Verify issues the mismatch result, you should close the case.
Download the Further Action Notice before referring the case.
EMPLOYEE ACTION
- Take next steps based on decision to take action or not
- If referred, contact DHS and/or visit an SSA field office within 8 federal government working days and present the Further Action Notice and applicable original documents listed on the Further Action Notice
- Follow DHS or SSA instructions or next steps
4.4 Case In Continuance
A Case in Continuance status indicates that the employee has visited an SSA field office and/or contacted DHS, but more time is needed to determine a final case result. The reason SSA or DHS needs more time varies with each situation. Employers should check E-Verify periodically for case result updates. Employers may not terminate or take any other adverse action against an employee (such as denying work, delaying training, withholding pay, or otherwise assuming that he or she is not authorized to work) because of the mismatch, until the mismatch becomes a Final Nonconfirmation.
CASE IN CONTINUANCE SUMMARY
EMPLOYER ACTION
- Check E-Verify for case result updates and follow steps based on case result provided
EMPLOYEE ACTION
- None
4.5 Close Case And Resubmit
Your employee’s case may receive a Close Case and Resubmit case result if SSA and/or DHS are unable to process the case and confirm employment eligibility. The employer should close the case in E-Verify and create a new case. When the user clicks Close and Create a New Case, the case is automatically closed and E-Verify opens a new case for the user to begin entering the employee’s information from Form I-9.
CLOSE CASE AND RESUBMIT SUMMARY
EMPLOYER ACTION
- Receive Close Case and Resubmit Case Result
- Click Close and Create a New Case
- Create new case
EMPLOYEE ACTION
- None
4.6 Final Nonconfirmation
A case receives a Final Nonconfirmation case result when E-Verify cannot confirm an employee’s employment eligibility after:
- The employee has contacted DHS and/or visited a SSA field office during the mismatch referral process, OR
- The employee failed to call DHS and/or visit SSA within 8 federal government working days.
Employers must close the case once a case receives a Final Nonconfirmation result. The employer may terminate employment based on a case result of Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 13 of the MOU.
FINAL NONCONFIRMATION SUMMARY
EMPLOYER ACTION
- Receive Final Nonconfirmation case result
- Close case
EMPLOYEE ACTION
- None
5.0 Case Resolution
To complete the E-Verify case process, every case must receive a final case result and then be closed. E-Verify guides you through the process after you receive a final case result.
5.1 Close Case
To properly complete the E-Verify process, employers must close every case they create, except for cases that result in Employment Authorized, which E-Verify will automatically close.
5.2 Case Alerts
Case alert boxes (found on the E-Verify homepage) include important information about your cases, including Cases to be Closed, Cases with Updates, Cases with Expiring Authorization Docs, and Recently Auto-Closed Cases. Any case created in E-Verify and assigned an E-Verify case number must be closed.
- Cases to be Closed
- Cases With Updates
- Cases With Expiring Authorization Docs
- Recently Auto–Closed Cases
The E-Verify home page indicates the number of cases that require attention by a number in the alert. Cases needing attention can be accessed by clicking on the alert or through Cases and search cases from the navigation menu in E-Verify.
5.3 Cases To Be Closed
The Cases to be Closed alert provides quick access to all open cases that need to be closed.
5.4 Cases With Updates
The Cases with Updates case alerts provides quick access to all open cases that have had a change in case status.
5.5 Work Authorization Documents Expiring
The Work Authorization Docs Expiring case alert is a notification that an employee's Form I-766, Employment Authorization Document, or Form I-94, Arrival-Departure Record, document is expiring. This alert is intended as a reminder to reverify the employee by completing Supplement B, Reverification and Rehire, of Form I-9. For reverification, do not create a new E-Verify case.
Because this is simply a reminder, no action is required or permitted in E-Verify. You may dismiss each alert by clicking Dismiss Alert.
This alert will only appear if the document the employee presented for the original E Verify case was either a Form I-766 or Form I-94. The alert will appear in E-Verify 90 days prior to expiration. Also, the alert only appears when the Form I-766 or Form I-94 used for the E-Verify case expires—subsequent expiration dates of other documents will not activate another case alert.
If you have employees who are Temporary Protected Status (TPS) beneficiaries who provided a TPS-related EAD when they first started working for you, and the Department of Homeland Security has automatically extended this EAD, you will receive a ‘‘Work Authorization Documents Expiring’’ case alert when the automatic extension period for this EAD is about to expire. This alert indicates that at the end of the automatic extension period, employment authorization must be reverified in Supplement B. Employers must not use E-Verify for reverification.
5.6 Recently Auto-Closed Cases
All E-Verify cases that result in Employment Authorized will automatically close. The Recently Auto-Closed Cases alert will helps users find cases that were automatically closed. This case alert shows the number of cases that were automatically closed within the past 30 days.
Clicking on the case alert allows users to easily see that their employee (or their client’s employee) is authorized to work, and to access the case information they (or their client company) need to record on Form I-9.
6.0 Case Reports
There are various types of case reports available to E-Verify employers including Quick Audit Report, Case Creation Summary, and Historic Records Report. This section provides information on these reports and how to create them in E-Verify.
Reports display only the last four digits of an employee’s Social Security number for added security and to protect employees’ privacy.
REPORTS – OVERVIEW
- Quick Audit Report - This report provides case data about each case that matches the user-entered search criteria in the .csv file format. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as SSNs or document numbers. This report was designed to satisfy the requirement of employers to report their E Verify activity to federal, state, or local government entities. Users should note that this report may contain up to 5,000 rows and is populated with the city and state that is associated with their account. This report is available to corporate administrators and program administrators.
- Case Creation Summary - This report displays the number of cases initiated by a company within a specified date range. An Employer will still appear on a report with a zero total if it has not initiated any cases during the date range.
- Historic Records Report - This report provides case data about each resolved case that is 10 years or older. The case data includes basic company and case identifiers and case resolution information. The case data do not include sensitive employee information such as Social Security numbers or document numbers.
7.0 Resource And Contact Information
The E-Verify public website is the primary resource for all E-Verify information, but do not hesitate to contact us via phone or email. For easy access to online resources, USCIS suggests that employers bookmark or save the websites as favorites for easy access to them in the future.
E-Verify Resources
E-Verify Public Website: www.E-Verify.gov
- General information about E-Verify
- Program information and statistics
- E-Verify user manuals
- E-Verify quick reference guides
- E-Verify Questions and Answers
- Information about employee rights and employer obligations
E-Verify Enrollment Application: https://everify.uscis.gov/enroll
- Website for initial employer enrollment
E-Verify Access for Employers and Corporate Administrators: https://everify.uscis.gov/emp
- User access to E-Verify
E-Verify Access for E-Verify Employer Agents: https://everify.uscis.gov/esp
- User access to E-Verify
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 8:00 a.m. to 8:00 p.m. Eastern time, except when the federal government is closed. For users with hearing and speech impairment, TTY phone is available from 8:00 a.m. to 8:00 p.m. Eastern time.