• 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.

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.

• 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.

• 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.

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).

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.

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.

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

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.

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

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.

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..

Are employers required to close every E-Verify case?

Answer:

Yes, each E-Verify case must be closed.