Complete guide to E-Verify requirements, enrollment, proper use, TNC resolution, and avoiding penalties. Essential for federal contractors and employers committed to compliance.
E-Verify is a free, web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to electronically verify employment eligibility of newly hired employees by comparing Form I-9 information to government records.
Mandatory for federal contractors and subcontractors with contracts containing the FAR E-Verify clause (contracts awarded after September 8, 2009).
Requirements:
Some states require E-Verify for certain employers. New York does not currently mandate E-Verify for all employers, but some may be required based on state contracts or specific legislation.
Check with your legal counsel about state-specific E-Verify requirements, especially if you do business with state or local government entities.
Even if not required, employers may voluntarily enroll in E-Verify to ensure workforce compliance and demonstrate good faith hiring practices.
Benefits
Considerations
Employee completes Section 1 of I-9 on or before first day of work. Employer examines documents and completes Section 2 within 3 business days. E-Verify is run AFTER I-9 is completed, not instead of.
Within 3 business days of hire, enter employee information from I-9 into E-Verify system. Enter exactly as it appears on documents - typos cause TNCs.
System returns result within seconds: (1) Employment Authorized - case closed, or (2) Tentative Nonconfirmation (TNC) - employee must take action, or (3) DHS Verification in Process - wait for further instructions.
If TNC received, you MUST promptly notify employee and provide Further Action Notice. Employee decides whether to contest. You cannot take adverse action during this period.
Employee has 8 federal government working days to contact SSA or DHS to resolve TNC. Employee provides evidence to correct records. Employer refers case in E-Verify.
After employee contacts agency: (1) Employment Authorized - case closed, or (2) Final Nonconfirmation - employee not work-authorized. You may terminate employment based on final nonconfirmation.
SSA TNCs
DHS TNCs
Consequences:
Suspension or termination from E-Verify program, loss of federal contracts, discrimination charges
Consequences:
DOJ investigation, civil penalties, back pay to victims, hiring of discriminated individuals
Complete E-Verify tutorial, stay updated on policy changes, designate E-Verify coordinators
Never use E-Verify before I-9 is completed. This is a violation and can lead to program suspension
Create E-Verify case within 3 business days of hire date, not before employee starts work
Enter information exactly as it appears on documents. Double-check before submitting to avoid TNCs
Verify ALL new hires - cannot pick and choose based on appearance, name, or accent
Notify employee promptly, provide Further Action Notice, allow full 8 days to resolve
Keep E-Verify case printouts with I-9 forms. Retain for same period as I-9 (3 years after hire or 1 year after separation)
Do not share E-Verify results with unauthorized persons. Keep TNC information confidential
Post required notices: E-Verify participation poster, anti-discrimination notice, Right to Work notice
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