An employer did not create cases in E-Verify for several years. The employer is again using its E-Verify account and creating cases. Should the employer create cases for employees that were hired while the employer was not using E-Verify?

Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees. If an employer’s account was inactive due to deliberate non-use while hiring numerous employees over several years, that employer should not go back and create cases for any employees hired during the time its account was inactive.  However, an employer who is actively using E-Verify but learns that he or she has failed to create a case in E-Verify by the third business day after the employee’s first day of employment should immediately create a case for the employee.