E-Verify Rules and Responsibilities

Maintain E-Verify Compliance

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.

E-Verify Dos and Don’ts


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.

Keep Your Human Resources Compliant

Make sure your business’s human resources department maintains compliance with government regulations by outsourcing HR help with MyHRConcierge.

To get started, contact us for a free consultation.