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Friday, June 14, 2024

E-Verify: Answers to Your Top 5 Questions

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E-Verify is an online system created to determine if individuals are eligible to work in the United States. It uses personal information from the I-9 form entered by the potential employer and compares it to records on file with the U.S. Department of Homeland Security and the Social Security Administration. E-Verify is fast, free, and accurate. More and more employers are opting to use this system each year as part of their responsible hiring programs.

The following are the answers to 5 commonly asked questions about the E-Verify platform.

Can E-Verify checks be conducted directly on the E-Verify website?

Yes. Employers can go directly through E-Verify’s website to complete checks, or they can choose to work with their third-party background screening partner to complete the process.

Can receipts for documents be used for photo-matching?

The E-Verify program includes a photo-matching tool. Photo matching is activated by documents from List A, which includes the following:

  • U.S. Passport or Passport Card
  • Permanent Resident Card (I-551)
  • Employment Authorization Document (I-766)

In most cases, creating a case for an employee in E-Verify requires the presentation of the actual document. For example, if the individual presents a receipt obtained in the process of replacing a missing document, that is not considered sufficient to complete the I-9 form and create a case. But E-Verify does allow employers to consider creating a case for an employee with a receipt in the following situations:

  • When presented with the arrival portion of Form I-94/I-94A that includes both a temporary I-551 stamp and the individual’s photo
  • When present with the departure portion of Form I-94/I-94A that includes a refugee admission stamp

Can an individual work with Tentative Non-Confirmation status?

Yes. Your employee can work if their initial E-Verify case returns a Tentative Non-Confirmation (TNC) result. Employees receiving a TNC must be given the opportunity to contest the finding a resolve the mismatches that may have contributed to the finding. However, if the employee does not contest the TNC, a Final Non-Confirmation will be issued, at which point you can terminate the employee based on adverse E-Verify findings.

Do employers need to rerun E-Verify checks on rehires?

It depends. If you rehire the employee within three years of a previous check, you can rely on the original information on the I-9 form, and you do not need to resubmit. However, if you are rehiring an employee and their previous I-9 form lists an identity document on List B that is now expired, you have the following options:

  • Complete Section 3 of the previous I-9 without creating a new case in E-Verify
  • Complete a new Form I-9 and create a new case in E-Verify

My state requires E-Verify. Do I need to run checks on existing employees to comply?

No, unless your organization was awarded a federal contract that contains the Federal Acquisition Regulation E-Verify clause after September 8, 2009. If this is the case, you will need to run checks on all employees.

For more information on E-Verify and answers to additional questions, please visit https://www.e-verify.gov


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