E-Verify is a federal program that allows employers to certify that a newly hired employee is eligible to work in the United States. While this is a federal program, many states also require business owners to participate or face stiff penalties.
If you are currently performing E-Verify, below is an overview of the rules and your responsibilities from the US Citizenship and Immigration Services.
Employers participating in E-Verify MUST:
- Follow E-Verify procedures for each newly hired employee while enrolled/participating in E-Verify.
- Notify each job applicant of E-Verify participation.
- Clearly display both the English and Spanish “Notice of E-Verify Participation” and the “Right to Work” posters.
- Complete Form I-9 for each newly hired employee before creating a case in E-Verify.
- Ensure that Form I-9 “List B” identity documents have a photo.
- Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
- Obtain a Social Security Number (SSN) from each newly hired employee on Form I-9.
- Provide each employee the opportunity to contest a tentative nonconfirmation (TNC).
- Allow each newly hired employee to start and continue working during the E-Verify verification process, even if he or she receives a TNC.
Employers participating in E-Verify MUST NOT:
- Use E-Verify to prescreen an applicant for employment.
- Check the employment eligibility for an employee hired before their company signed the E-Verify MOU.
- Take any adverse action against an employee based upon a case result unless E-Verify issues a final nonconfirmation.
- Specify or request which Form I-9 documentation a newly hired employee must use.
- Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.
- Selectively verify the employment eligibility for a newly hired employee.
- Share any user ID and/or password.