What Is E-Verify?

E-Verify is a federal web system. It checks the information on a worker's Form I-9 against records held by the government. The goal is to confirm that a new hire is allowed to work in the United States. E-Verify is run by the federal government and it is free to use.

E-Verify is built on top of the I-9. It does not replace the form. First the employer and the new hire complete the I-9. Then the employer enters the data from that I-9 into E-Verify. So the I-9 always comes first, and E-Verify is an extra step on top of it. If you do not have a finished I-9, there is nothing for E-Verify to check.

Think of it as two layers. The first layer is the form, which every employer must complete. The second layer is the electronic check, which some employers must use and others may choose to use. This page explains the second layer in plain terms, so you know what E-Verify does, how a mismatch is handled, and who is required to take part.

How E-Verify works

The process is simple at a high level. Here is the basic flow.

1. The new hire completes Section 1 of the I-9, and the employer completes Section 2.
2. The employer takes key details from the finished I-9, such as the name, date of birth, and document numbers, and enters them into E-Verify.
3. E-Verify compares that data against records from the government.
4. E-Verify returns a result. Most cases come back as confirmed, which means the records match.

What happens when the records do not match

Sometimes E-Verify cannot confirm a worker right away. When that happens, the system returns a Tentative Nonconfirmation, often called a TNC. A TNC does not mean the worker is not allowed to work. It only means the records did not match on the first check. There are many simple reasons this can happen, such as a name change or a typo.

The worker has the right to fix a TNC. Here is how that part works.

• The employer tells the worker about the TNC in private and gives the worker the notice from E-Verify.
• The worker decides whether to take action to resolve the TNC.
• If the worker chooses to act, the worker contacts the listed agency to clear up the mismatch.
• The employer may not fire the worker or cut hours just because of a TNC while the worker is working to resolve it.

This chance to resolve a TNC is an important worker protection. It gives people time to correct honest errors in their records before any final decision is made.

The employer also has duties when a TNC comes up. E-Verify compares the data from Form I-9 against Social Security Administration and Department of Homeland Security records, and the notice names which of the two the worker needs to contact. The employer must hand over that notice, explain the next steps in private, and let the worker decide.

What an employer must not do while a case is open is the part that gets people into trouble: no firing, no cut hours, no reassignment, no pressure to resign. A mismatch is a records problem until an agency says otherwise, and acting on it early is treated as acting on it wrongly.

Who must use E-Verify

For most employers, E-Verify is voluntary at the federal level. But some employers are required to use it.

The federal contractor duty comes from contract clause FAR 52.222-54 and reaches primes and subcontractors at any tier. On the state side, Arizona, Alabama, Mississippi and South Carolina reach essentially all employers; Florida covers private employers with 25 or more employees; Ohio's rule is limited to nonresidential construction; Indiana covers public employers and state contractors only.

The reach of each rule differs, and the rules change. Read our guide on E-Verify state requirements for the full picture, and confirm the current rule before you decide rather than relying on what was true a year ago.

E-Verify and remote document checks

E-Verify also matters if you want to check I-9 documents over video instead of in person. Only employers who take part in E-Verify in good standing may use the federal remote check option for the I-9. If you are not an active E-Verify user, you must examine documents in person. Learn more on our remote verification page.

How E-Verify is different from the I-9

It is easy to mix up these two things. The I-9 is the form that every employer must complete for every employee. E-Verify is an extra electronic check that uses the I-9 data. The I-9 is required by law for all employers. E-Verify is required only for some. To see the full comparison, read I-9 vs E-Verify.

If you are not sure whether you must use E-Verify, or how its rules apply to your business, it is wise to check your state's current rule and, for your specific situation, consult an immigration attorney.

By the Easy Guides Editorial Team