TIP SHEET

E-Verify: At a Glance

If you work in HR, “E-Verify” is probably a term you’ve heard of at one point or another. Or, depending on your location or industry, it might be a term you’ve heard more than you would like. Regardless, there are plenty of questions related to E-Verify that even the most seasoned professionals might struggle with.

Questions like, “Am I required to have it?” or “What am I required to do to ensure compliance?” As with most topics in employment law, it can get kind of complicated.

As it so happens, we set out to answer all your questions and more in one useful tip sheet, E-Verify: At a Glance. In this tip sheet, we will answer:

What is E-Verify?
Why is E-Verify in place?
Who exactly has to use it?
What are the requirements for employers?
Plus a collection of helpful facts

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E-Verify FAQs

What is E-Verify?

E-Verify is an Internet-based system that uses information from an employee’s I-9 form and Employment Eligibility Verification, as well as the Department of Homeland Security (DHS) and Department of State (DOS) records to confirm if an employee is authorized to work in the U.S.

The system is administered by the DHS, U.S. Citizenship and Immigration Services (USCIS)

Verification Division, and the Social Security Administration.

How Does E-Verify Work?

Employers create a case in E-Verify, which checks the employee’s information against available DHS records. The system then provides the employer a result in 3 to 5 seconds. The case results state one of the following:

✅ Employment Authorized: The information entered by the employer matches with DHS or SSA records

❌ DHS or SSA Tentative Nonconfirmation (TNC): The information entered by the employer does not match DHS, SSA or DOS records Employers must inform the employee of the TNC and give him/her the opportunity to contest the result by correcting the DHS or SSA records (on their own)

Why Do Employers Use E-Verify?

E-Verify helps employers maintain a legal workforce and reduce the use of fraudulent work documents. Also, E-Verify improves the accuracy of wage and tax reporting by reducing identity mismatches.

What Employers are Required to Use E-Verify?

E-Verify is a voluntary program for most employers, but mandatory for some, including:

Required for ALL Federal Contractors
Required for ALL Employers in: Alabama, Arizona, Mississippi, South Carolina, and Fremont, NA
Required for MOST Employers in: Florida (25+ Employees), Georgia (11+ Employees), North Carolina, (25+ Employees), Tennessee (35+ Employees), and Utah (15+ Employees)
Required for State Agencies and Public Contractors in: Florida, Georgia, Idaho, Indiana, Michigan, Minnesota, Nebraska, North Carolina, Oklahoma, Pennsylvania, Utah, Virginia, and West Virginia

What are the E-Verify Posting Requirements?

Employers who participate in E-Verify must post the E-Verify and Right to Work postings, in English and Spanish, at the company’s hiring location. The postings are required for:

Federal contractors
Employers in states required to use E-Verify (see What Employers are Required to Use E-Verify?)
Employers who voluntarily participate in the federal E-Verify program

Did You Know…?

1. E-Verify stops operations during a federal government shutdown.

During a federal government shutdown, E-Verify stops its operations. For employers, this means they will not be able to process new hires and verify an employee’s eligibility to work. Also, all E-Verify support shuts down. This means employers cannot view cases, change or create an account, or access any customer support.

2. The number of E-Verify participants has tripled over the past decade.

From 2011 to 2021, the number of participating employers has climbed from 293,000 to 998,000. This increase has remained relatively consistent, and will likely continue during the next decade as well. You can read more about this trend on the official government website.

3. E-Verify CANNOT determine the immigration status of an individual.

Contrary to what many believe, E-Verify does not actually verify the immigration status of an individual. The E-Verify system compares information from an individual’s I-9 form with SSA and DHS records to verify the their employment eligibility

4. E-Verify is not the same as the social security verification system.

E-Verify confirms the individual’s employment eligibility, while the Social Security Number Verification Service verifies an individual’s name matches a Social Security Number (SSN). It is possible for an individual to have a valid SSN but not be authorized to work in the U.S.

Learn More About E-Verify

Back to Tip Sheets

E-Verify: At a Glance

E-Verify FAQs

What is E-Verify?

How Does E-Verify Work?

Why Do Employers Use E-Verify?

What Employers are Required to Use E-Verify?

What are the E-Verify Posting Requirements?

Did You Know…?

1. E-Verify stops operations during a federal government shutdown.

2. The number of E-Verify participants has tripled over the past decade.

3. E-Verify CANNOT determine the immigration status of an individual.

4. E-Verify is not the same as the social security verification system.

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E-Verify: At a Glance

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E-Verify FAQs

What is E-Verify?

How Does E-Verify Work?

Why Do Employers Use E-Verify?

What Employers are Required to Use E-Verify?

What are the E-Verify Posting Requirements?

Did You Know…?

1. E-Verify stops operations during a federal government shutdown.

2. The number of E-Verify participants has tripled over the past decade.

3. E-Verify CANNOT determine the immigration status of an individual.

4. E-Verify is not the same as the social security verification system.

CONTACT US

about govdocs

Products

resources