E-Verify Guidelines for Employers and Employees – https://www.e-verify.gov/

This document is prepared in accordance with U.S. Citizenship and Immigration Services (USCIS) standards

Introduction

E-Verify is a web-based system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It enables enrolled employers to electronically verify the employment eligibility of their newly hired employees by comparing information entered on the Form I-9 (Employment Eligibility Verification) to records maintained by DHS and SSA.

 Historical Background and Mandate

• Enacted: E-Verify was originally established in 1996 under the name Basic Pilot Program as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).
• Rebranded and Expanded: The program was rebranded as E-Verify in 2007, with increased functionality and wider employer adoption.
• Federal Contractor Mandate: As of September 8, 2009, E-Verify became mandatory for federal contractors and subcontractors through Executive Order 12989, signed by President George W. Bush and implemented under the Obama administration.
• Voluntary for Most Employers: For non-federal contractors, E-Verify remains voluntary at the federal level, though some states (e.g., Arizona, Mississippi, South Carolina, Alabama, and Florida) have enacted laws requiring its use for certain public and private employers.

Employers that voluntarily enroll in E-Verify receive a rebuttable presumption of good faith compliance with employment eligibility requirements under federal immigration law. These guidelines outline the responsibilities and step-by-step processes for both employers and employees to ensure compliance with federal regulations.

 For Employees

 Employee Responsibilities

1. Complete Section 1 of Form I-9
   • Fill out Section 1 on or before your first day of employment.
   • Provide accurate information regarding your name, address, date of birth, and employment authorization status.
2. Present Acceptable Documents
   • Provide unexpired documents that establish identity and work authorization.
   • Choose from:
     • List A (e.g., U.S. passport, Employment Authorization Document), or
     • List B and List C (e.g., Driver’s license + Social Security card).
3. Respond to Tentative Nonconfirmation (TNC)
   • If you receive a TNC:
     • Review and sign the Further Action Notice (FAN).
     • Decide whether to contest the TNC.
     • If contesting, follow the instructions to contact DHS or SSA within eight workdays.
4. Monitor Case Status
   • Cooperate with DHS or SSA during the case resolution.
   • You are protected from adverse action while the case is being processed.

 Employee Rights

• You have the right to:
  • Not be discriminated against due to your national origin or citizenship status.
  • Receive written notification of a TNC.
  • Contest a TNC without retaliation.
  • Report misuse of E-Verify by an employer.

 Recordkeeping Requirements

 Legal References

• Immigration Reform and Control Act of 1986 (IRCA)
• E-Verify Memorandum of Understanding (MOU)
• U.S. Citizenship and Immigration Services (USCIS) guidelines
• Department of Justice Civil Rights Division (for discrimination protections)

 Support & Additional Resources

• E-Verify Website: https://www.e-verify.gov
• Employer Hotline: 1-888-464-4218
• Employee Hotline: 1-888-897-7781
• TNC Resolution Support: Follow instructions in FAN or contact the agency listed