Definition
A web-based system operated by USCIS that allows employers to electronically verify the employment eligibility of newly hired employees by comparing Form I-9 information against records from the Social Security Administration and the Department of Homeland Security.
US Context
E-Verify is mandatory for all federal contractors and subcontractors with the FAR E-Verify clause. Additionally, over 20 states have enacted E-Verify requirements — some mandate it for all employers (Alabama, Arizona, Mississippi, South Carolina), while others require it only for state contractors or employers above a certain size. Arizona's Legal Arizona Workers Act can revoke business licences for employers who knowingly hire unauthorised workers without using E-Verify. HR teams must check both federal and state requirements.
Best Practices
- Submit E-Verify cases within 3 business days of the employee's start date — never before the hire date
- Never use E-Verify to pre-screen applicants or selectively verify only certain employees
- Follow TNC procedures carefully — notify the employee, allow them to work during the contest period, and do not take adverse action
- Display the E-Verify Participation Poster and Right to Work Poster in a conspicuous workplace location
Frequently Asked Questions
Is E-Verify mandatory for all employers?
Not at the federal level — E-Verify is voluntary for most private employers but mandatory for federal contractors with the FAR E-Verify clause. However, many states require E-Verify for all employers, state contractors, or employers above a certain size. Check your state's requirements.
What happens if E-Verify returns a Tentative Non-Confirmation?
The employer must promptly notify the employee using the TNC notice. The employee has 8 federal workdays to contact SSA or DHS to resolve the discrepancy. The employer must allow the employee to continue working during this period and cannot take adverse action based on the TNC.
Can E-Verify replace Form I-9?
No. E-Verify supplements but does not replace the I-9 process. Employers must still complete Form I-9 for every new hire. E-Verify is then used as an additional electronic verification step after I-9 Section 2 is completed.