Module 1

• 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).