E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA). E-Verify is free and easy to use. E-Verify provides an automated link to Government records to help employers confirm the employment eligibility of new hires.
Why should I consider participating in E-Verify?
E-Verify is currently the best means available for employers to verify electronically the employment eligibility of their newly hired employees. E-Verify protects jobs for authorized workers and helps employers maintain a legal workforce.
Am I required to participate in E-Verify?
No. While participation in E-Verify is voluntary for most employers, other employers may be required by State law or Federal regulation to use E-Verify. For example, most employers in Arizona and Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with Federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause.
How do I enroll in E-Verify?
To enroll in E-Verify, visit www.dhs.gov/E-Verify and click on “Getting Started” to view instructions for completing the enrollment process. At the end of the enrollment process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between the employer and DHS. Employers can choose which of their locations to sign up for E-Verify. For example, an employer may choose to designate one site to create E-Verify cases for newly hired employees on behalf of the entire company. Only one MOU would need to be signed for this option.
Our company has several hiring sites interested in participating in E-Verify. Each site will be creating cases for its newly hired employees. How should these sites enroll?
An employer may choose which sites to enroll in E-Verify and may elect to have each site create its own cases. Each site that will perform its own employment verifications will enroll and sign its own MOU to participate in the program.
What is an E-Verify Employer Agent?
E-Verify Employer Agents are liaisons between E-Verify and employers who wish to participate in the program, but choose to outsource submission of E-Verify cases. E-Verify employer agents conduct the verification process on behalf of their employer clients. E-Verify employer agents must enroll online and sign their own MOUs with DHS. The E-Verify Employer Agent can enroll employers as clients who have designated it to create cases for them. Each employer client will also be required to sign an MOU and will have a unique E-Verify client number.
What is an E-Verify Corporate Administrator?
A Corporate Administrator is someone who has management oversight authority of all of an employer’s hiring sites that participate in E-Verify. To become a Corporate Administrator, an individual only needs to register within the employer’s E-Verify account. The Corporate Administrator is able to register company sites, add and delete users at company sites and view reports. The Corporate Administrator, however, cannot create cases.
After an employer enrolls, how does E-Verify work?
E-Verify works by comparing the information entered from the employee’s Form I-9, Employment Eligibility Verification, with records available to DHS and SSA. The E-Verify MOU, user manuals, and tutorial contain instructions and other information on E-Verify procedures and requirements. Users must first complete the tutorial before they may begin using E-Verify.
What information is required to create an E-Verify case?
A completed Form I-9 is required to create an E-Verify case. The employer or employer agent creates a case by inputting information from sections 1 and 2 of the Form I-9. E-Verify provides an initial case result within 3-5 seconds.
When may an employer create a case in E-Verify?
The earliest an E-Verify case may be created is after an individual accepts an offer of employment and the employee and employer complete the Form I-9. The case must be created no later than the end of 3 business days after the new hire’s first day of employment. Employers must use E-verify in a non-discriminatory manner and may not create cases based upon the employee’s national origin, citizenship status, race, or other characteristic that is prohibited by U.S. law.
Which employees should be verified in E-Verify?
E-Verify employers are required to verify all newly hired employees, both U.S. citizens and non-citizens. Employers may not verify selectively and must verify all new hires while participating in E-Verify.
Which existing employees may be verified in E-Verify?
E-Verify may not be used to create cases for employees hired before the company signed the MOU (unless you are a Federal contractor with the FAR E-Verify clause) or to re-verify employees who have temporary work authorization.
Can I terminate my participation in E-Verify at any time?
Yes, you may choose to terminate your company’s participation in E-Verify at any time, with 30 days written notice.
Does participation in E-Verify provide safe harbor from worksite enforcement?
No. Participation in E-Verify does not provide protection from worksite enforcement.