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Training Requirements and Guidelines for Web Services Users

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A. Purpose

This document provides training requirements and guidelines for employers and E-Verify employer agents that use E-Verify through a Web service. Employers and E-Verify employer agents using a Web service have chosen to develop software that interfaces with E-Verify to create cases for newly hired employees and/or certain employees of federal contractors with federal contracts subject to the Federal Acquisition Regulation (FAR) E-Verify clause. These employers and E-Verify employer agents must comply with specific E- Verify requirements in addition to requirements to develop of their interface.

Web services employers and E-Verify employer agents are required to train all users on E-Verify policies and procedures. In addition, Web services employers and E-Verify employer agents must:

  • Train users on the appropriate use of the employer’s or E-Verify employer agent’s interface in accordance with E-Verify policies and procedures.
  • Develop and administer a training course to users in a suitable format for the organization. Examples of acceptable formats include:  webinar, computer-based tutorial,  in-person or video conference taught by an instructor, or a training video. The format of this requirement is flexible in consideration of a company’s training capabilities and resource availability.
  • Upon completion of the training course, certify users’ knowledge with a knowledge test.
    • For more information, see Section D: Required Knowledge Test.
  • Maintain records of successful completion of the knowledge test in a format that can be submitted to E-Verify if requested or shown on-site in case of an audit. Record the following information:
    • Name of individual who attended training
    • Date of knowledge test
    • Knowledge test score
  • Only allow users who have achieved a passing score of at least 70% on the knowledge test to access E-Verify.
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B. Required Training Curriculum Overview

Web service employers and E-Verify employer agents must include the following topics in the required E-Verify user training course. For additional details on the topics and key points to cover in each module, see Section E: Required Training Curriculum Topics, Key Points and Key Questions.

MODULE 1

  • Privacy and Data Protections
  • Employee Civil Rights and Civil Liberties
  • Rules and Responsibilities Overview
  • Privacy Breaches and Rights Violations

MODULE 2

  • E-Verify Overview
  • Federal Contractor Requirements
  • Form I-9 and E-Verify
  • First Day of Employment
  • Review Case and Are you Sure? Alert
  • Photo Matching

MODULE 3

  • Case Results
    • Federal Contractor Requirements
    • Form I-9 and E-Verify
    • First Day of Employment
    • Review Case and Are you Sure? Alert
    • Photo Matching

MODULE 4

  • Tentative Nonconfirmation (Mismatch)
  • Close Case
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C. E-Verify Changes And Curriculum Updates

Web services employers and E-Verify employer agents must provide training updates to existing users and update the initial training course when there are E-Verify system, policy and/or process updates. These updates will correspond to the requirements detailed in an updated Interface Control Agreement (ICA). Detailed guidance that describes the new content to be covered along with any additional training requirements will be provided to Web services employers and E-Verify employer agents by E-Verify.

Once system updates are implemented, Web services employers and E-Verify employer agents must certify users’ knowledge of the changes through the administration of a knowledge check or brief quiz. Users must not be allowed to access E-Verify until after they have achieved a passing score of at least 70%.

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D. Required Knowledge Test

Web services employers and E-Verify employer agents are required to incorporate a knowledge test into the training course. The knowledge test should begin upon completion of the training course. This test evaluates the user’s comprehension of the information outlined in Section E: Required Training Curriculum Topics, Key Points and Key Questions.

NOTE: Web services employers and E-Verify employer agents must not allow users to access E-Verify until users achieve a passing score of at least 70% on the knowledge test.

The knowledge test must satisfy the following requirements:

  • Knowledge test questions must be based on the information detailed in Section E: Required Training Curriculum Topics, Key Points and Key Questions, at a minimum.
  • The knowledge test must have at least 10 questions.
  • The knowledge test must include questions from the Key Questions column of each chart in Section E: Required Training Curriculum Topics, Key Points and Key Questions. Consult these charts before creating the knowledge test. As appropriate, additional questions may be added to the knowledge test.
  • The questions provided in Section E: Required Training Curriculum Topics, Key Points and Key Questions serve as an example of how to format the questions. The questions provided in the training course can be formatted as needed to match the training method and design. Examples of acceptable formats include: fill in the blank, true/false, matching and multiple choice.

NOTE: Successful completion of the knowledge test must be recorded for each user. Consult Section A: Purpose for additional guidance on recording knowledge test completion.

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E. Required Training Curriculum Topics, Key Points And Key Questions

This section provides detailed information on the Required Training Curriculum Overview provided in Section B: Required Training Curriculum Overview. Listed below are the topics and key points that should be covered by Web services employers and E-Verify employer agents when creating a training course. At a minimum, knowledge test questions must be based upon the information in this section of the curriculum.

NOTE: Employers who are federal contractors with a covered federal contract subject to the FAR E-Verify clause should consult the Supplemental Guide for Federal Contractors found under Employer Resources on www.E-Verify.gov to ensure their training materials contain language specific to covered federal contractors.

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Module 1

Topics Key Points Key Questions
Privacy and Data Protections Employers, E-Verify employer agents, and users 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 below to protect personal information and comply with the appropriate requirements.
  • Allow only authorized users to use E-Verify. Ensure that only the appropriate users handle information and create E-Verify cases.
  • Secure access to E-Verify. Protect passwords used to access E-Verify and ensure that unauthorized users do not gain access to the system.
  • 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), Dual Tentative Noncomfirmations (Mismatches) and Final Nonconfirmations, are discussed privately with the employee.

What are the E-Verify privacy guidelines that must be used to protect personal information and comply with the appropriate privacy regulations?
Answer:

Answer:

  • Allow only authorized users to use E-Verify.
  • Secure access to E-Verify.
  • Protect and store employee information properly.
  • Discuss E-Verify results in private.
Employee Civil Rights and Civil Liberties

It is the employer’s and employer agent’s responsibility to treat employees equally and fairly when using E-Verify.

Employers and employer agents participating in E-Verify MUST:

  • Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9, Employment Eligibility Verification is complete.
  • Create an E-Verify case for all newly hired employees, regardless of citizenship.
  • Notify each job applicant of E-Verify participation and employee rights.
  • Use E-Verify for an existing employee only when he or she is assigned to a federal contract or if your company chose to verify its existing workforce.
  • Verify all new employees and existing employees assigned to a federal contract regardless of national origin, citizenship, or immigration status.
  • Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (Mismatch) or a Dual Tentative Noncomfirmation (Mismatch).
  • Ensure no change in the working conditions (pay, hours, etc.) of employees who takes action to resolve a mismatch.
Employers and employer agents 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.
  • 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.

What must an employer and employer agent do to ensure employees are treated equally and fairly when using E-Verify?

Answer:

  • Create a case in E-Verify only AFTER the applicant accepted an offer of employment and Form I-9, Employment Eligibility Verification is complete.
  • Ensure employees who receive a Tentative Nonconfirmation (Mismatch) or Dual Tentative Noncomfirmation are given an opportunity to take action.
  • Not take any adverse action against an employee because of a mismatch unless and until E-Verify issues a Final Nonconfirmation, even if resolution takes longer than ten days.
(additional possible answers can be added)
Rules and Responsibilities Overview Employers and employer agents participating in E-Verify MUST:
  • Follow E-Verify procedures for each employee for whom an E-Verify case is created.
  • Notify each job applicant of E-Verify participation by clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and in Spanish. 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 (SSN) from each newly hired employee on Form I-9.
  • 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.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (Mismatch) or a Dual Tentative Noncomfirmation (Mismatch).
  • Provide each employee who receives a Mismatch eight federal government work days to take action (i.e., contact the appropriate federal agency to begin to resolve the mismatch).
  • Allow each newly hired employee to start and continue working during the E-Verify verification process, even if he or she receives and takes action to resolve the mismatch, and even if it takes longer than ten days to resolve the mismatch.

Federal contractors participating in E-Verify MUST also:

  • Only use E-Verify for an existing employee under limited circumstances.
  • Use special considerations when you decide how to, and whether to verify an existing employee.
  • Create a case only within a specified period of time. If a case is not created within these timeframes, you must note the reason for delay and attach it to Form I-9.
  • Follow E-Verify procedures for each newly hired employee and an existing employee assigned to a covered federal contract while participating in E-Verify.

For more information about rules specific to Federal contractors, review the Supplemental Guide for Federal Contractors.

Employers and E-Verify Federal contractors participating in E-Verify MUST NOT:

  • Use E-Verify to pre-screen an applicant for employment. Prescreening is creating an E-Verify case before a job offer is made or before an employee has accepted a job offer.
  • 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.
  • 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.
  • Share any user ID and/or password.

Which rules must all E-Verify employers and employer agents follow?

Answer:

  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Provide each employee who receives a mismatch written notice of the mismatch, and 8 federal workdays to contact DHS or SSA to take action to resolve a mismatch.
  • Clearly display the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. You may also display the posters in other languages provided by DHS. Not take any adverse action against employees who take action to resolve a mismatch, even if it takes longer than ten days to resolve the mismatch.

(additional possible answers can be added)

What must employers and employer agents participating in E-Verify NOT do?

Answer:

  • Use E-Verify on employees hired before the company signed the E-Verify MOU unless the employer is a Federal contractor with a federal contract subject to the FAR E-Verify clause.
  • Selectively verify the employment eligibility of employees.
  • 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 pre-screen applicants for employment.
Privacy Breaches and Rights violations

Report all suspected or confirmed privacy breaches by calling 888-464-4218 or emailing E-Verify@uscis.dhs.gov. Please use ‘Privacy Incident – Password’ in the subject line of the email when sending a breach report to E-Verify.

Questions regarding how to avoid unfair and discriminatory verification practices when using E-Verify should be directed to U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) ier@usdoj.gov, 800-255-8155 or 800-237-2515 (TTY).

  

 

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Module 2

TopicsKey PointsKey Questions
E-Verify OverviewThe Web services employment eligibility 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 the Social Security Administration (SSA) and/or Department of Homeland Security (DHS).

How does E-Verify work?

Answer:

E-Verify works by comparing the information entered on an employee's Form I-9 with records available to the Social Security Administration (SSA) and/ or Department of Homeland Security (DHS), to verify employment eligibility.

Federal Contractor Requirements

Form I-9 requirements for all employees are outlined in the Handbook for Employers: Guidance for Completing Form I-9 (M-274). Federal contractors should also review the 'E-Verify Supplemental Guide for Federal Contractors’ for more detailed information.

Employers and employer agents create cases for all employees ONLY after:

  • A job has been offered;
  • The applicant has accepted the position; and
  • The Form I-9 has been completed.

Federal contractors must follow specific rules related to Form I-9 and existing employees. These rules include how to:

  • Verify existing employees;
  • Comply with certain expired documents; and
  • Use Photo Matching when necessary.

Do federal contractors with the FAR E-Verify clause in their contracts have different policies and procedures for using E-Verify?

Answer:

Federal contractors have specific guidelines on who they verify and the time period required to create a case in E-Verify as outlined in the 'E-Verify Supplemental Guide for Federal Contractors.

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. This requirement also applies to federal contractors enrolled in E-Verify.

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.

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 establish the employee’s identity and employment authorization. An employer cannot specify which document(s) their employee may present from the List of Acceptable Documents. Employers may reject a document if it does not reasonably appear to be genuine and to relate to the person presenting it. Follow this process consistently, regardless of your employee’s citizenship, immigration status, or national origin.    

After From I-9 is complete, the next step is to create a case in E- Verify using the information from Form I-9. An E-Verify case must be created within three business days after the employee’s first day of employment. 

Fraudulent Documents Awareness

What is the timeframe by which an employer must create an E-Verify case after the employee begins work for pay?

Answer:

No later than the third business day after the employee started working in exchange for wages or other remuneration

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. This 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 in the certification block in Section 2 on the employee’s Form I-9.

NOTE: 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.

For more information, consult the Handbook for Employers (M-274).

What is the employee’s first day of employment that must be used to create an E-Verify case?

Answer:

The first day of employment in exchange for wages or other remuneration.

Review Case And Are you Sure? AlertIf the information entered does not immediately match records available to SSA and/or DHS, 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 they entered the information incorrectly. 
Duplicate Case AlertA duplicate case found alert for a case contains the same information in one or more cases created within the last 12 calendar months under the same employer account. 
Photo Matching

Photo matching is an additional step that prompts employers and employer agents to compare an employee’s photo ID with a photo displayed in E-Verify. Photo matching only occurs when the employee presents:

  • A Permanent Resident Card (Form I-551)
  • Employment Authorization Document (Form I-766)
  • A valid U.S. passport or passport card

If the employee presents one of these documents, the employer or employer agent 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.

NOTE: Do not ask employees to present any specific document from the list above to enable use of the photo matching.

Do not compare the photo displayed by E-Verify Web services to the actual employee. Direct comparison between the photo on the document and the individual should have occurred during Form I-9 completion, prior to using E-Verify Web services access.

Only select No photo displayed if E-Verify displays nothing at all or it displays something other than a photo of a person, such as a photo of a document. 

Users are required to scan and upload the front and back of the photo match document if the case receives a photo mismatch Tentative Nonconfirmation. If the employee provided a U.S. passport or passport card, users are required to upload an image of the passport ID page and the passport barcode page.
 

A photo may appear in E-Verify after you create a case. What is the photo that appears in E-Verify compared to?

Answer:

The photo on the employee's Form I-9 document

 

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Module 3

Topics Key Points Key Questions
Case Results

Employment Authorized
An employment authorized result means the employee's information matched records available to DHS and/or SSA.

E-Verify Needs More Time
An E-Verify needs more time result means the case is referred to DHS for further verification.

Tentative Nonconfirmation (mismatch)
An DHS or SSA mismatch result means information did not match records available to DHS and/or SSA. Additional action is required.

Case in Continuance
A DHS or SSA Case in Continuance result means the employee has contacted DHS or SSA, but more time is needed to determine a final case result.

Close Case and Resubmit
A Close Case and Resubmit means 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
A Final Nonconfirmation means E-Verify cannot confirm the employee’s employment eligibility after the employee contacted DHS or visited SSA.

What does an E-Verify case result of Employment Authorized mean?

Answer:

The employee's information matched with DHS and/or SSA records.

What does an E-Verify Final Nonconfirmation case result mean?

Answer:

An E-Verify Final Nonconfirmation case result means that DHS or SSA cannot verify an employee’s employment eligibility.

 

Related Resources

Social Security Administration Resumes E-Verify Operations

Last Reviewed/Updated:

Module 4

Topics Key Points Key Questions
Tentative Nonconfirmation (mismatch)

A mismatch case result means that 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. This does not mean the employee is not authorized to work. While resolving mismatches, employees must be allowed to work without any change in working conditions, regardless of how long the resolution process takes.

A case can result in a mismatch with DHS because the employee’s: 

  • Name, Alien number, I-94 number and/or foreign passport number are incorrect in DHS records.
  • U.S. passport, passport card, driver’s license, foreign passport or state ID card information could not be verified.
  • Information was not updated in the employee’s DHS records.
  • Citizenship or immigration status changed.
  • Record contains another type of error.
  • Employer entered information incorrectly in E-Verify.
  • Photo did not match..
  
Automatic Close Case Automatic Closure for Employment Authorized Cases
E-Verify will automatically close cases that receive an initial result of Employment Authorized, and applies a standard closure reason. Employers will not have to manually close the case. Therefore, when a case receives an EMPLOYMENT_AUTHORIZED status, users will now see CLOSED. Employers should rely on the case eligibility statement to determine if the employee is employment authorized.

Are employers required to close every E-Verify case?

Answer:

Yes, each E-Verify case must be closed.

 

Related Resources

Social Security Administration Resumes E-Verify Operations

Last Reviewed/Updated: