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Back to Basics: E-Verify

Back to Basics: E-Verify

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What is E-Verify? 

E-Verify is a system that compares data from your Form I-9 and Employment Eligibility Verification to U.S. Department of Homeland Security and Social Security Administration records to validate that employees are approved for work in the United States. 

E-Verify is mandatory for federal contractors with contracts containing the Federal Acquisition Regulation E-Verify clause, and some states require the use of E-Verify for employers. Many employers participate voluntarily in E-Verify as a supplement to Form I-9. 

Today, E-Verify has over 75,000 registered employers of all sizes with about 1,400 new participating companies every week.  

Which states require E-Verify? 

Twenty states mandate the use of E-Verify for at least some public and/or private employers:  

  • Alabama 
  • Arizona 
  • Colorado 
  • Florida 
  • Georgia
  • Idaho 
  • Indiana 
  • Louisiana 
  • Michigan 
  • Mississippi 

  • Missouri 
  • Nebraska 
  • North Carolina 
  • Oklahoma 
  • Pennsylvania
  • South Carolina 
  • Tennessee 
  • Utah 
  • Virginia  
  • West Virginia

When should E-Verify be used?

E-Verify is only used after an offer of employment has been accepted by the individual applicant.  

E-Verify should not be used to pre-screen individuals for employment. E-Verify is not a criminal background check. It is a Human Resources onboarding function used to verify legal eligibility to work. 

Once the account has been set up, the E-Verify program must be used on ALL new employees, (Federal Contractors have different regulations). 

It cannot be used later than the third business day after the individual has started to work. The employer has three days after the date of hire to verify legal eligibility to work.  

For employers to stop using the E-Verify program, they must provide 30 days written notice to the government, per the signed Memorandum of Understanding.  

 SELECTiON.COM®’s software integration with the federal government’s Employment Verification Program (E-Verify) allows employers to quickly and accurately verify new employees’ legal right to work. 

With SELECTiON.COM®, you can manage your work authorization program through Fastrax Select® from start to finish. Our secure services help you to ensure that your workforce is legally authorized to work. Our program improves the efficiency of your Form I-9 employment verification process and the accuracy of your payroll and tax reporting. It also substantially decreases human error in completing Form I-9s.  

In turn, it also cost-effectively reduces your exposure to government audits, financial penalties, and negative publicity resulting from non-compliance. 

Contact us  today to see how SELECTiON.COM® can take your employee onboarding process to the next level. 

Back to Basics: E-Verify

Government Shutdown Affects E-Verify Service

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e-verify background checkAccording to the DHS website, the government shutdown has caused them to suspend their E-Verify services. SELECTiON.COM®’s customer support and all other services are up and running. This will only affect the E-Verify reports.

  • E-Verify telephone and e-mail support will be unavailable. You may send e-mail messages, however, they will not respond until they reopen.
  • Employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).
  • Any E-Verify webinars and training sessions scheduled during the unavailability of E-Verify are cancelled.
  • Self Check and myE-Verify will not be available.

To minimize the burden on both employers and employees, the following policies have been implemented by E-Verify:

  • The ‘three-day rule’ for E-Verify cases is suspended for cases affected by the unavailability of E-Verify. They will provide additional guidance regarding these time deadlines once they reopen. This does NOT affect Form I-9, Employment Eligibility Verification, requirements—employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements.
  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs. They will provide additional guidance regarding these time deadlines once we reopen.
  • For federal contractors covered by the federal contractor rule, please contact your contracting officer to inquire about extending federal contractor deadlines.
  • Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify. (Consult the E-Verify User Manual for more information on interim case statuses).

Feel free to contact SELECTiON.COM® with any questions on how this will affect your hiring process.

E-Verify Updates

E-Verify Updates

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A Tentative Nonconfirmation (TNC) is issued if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized. In 2013, E-Verify launched a new customer service enhancement that will allow email notification to employees of a TNC at the same time it notifies the employer.

This latest enhancement to E-Verify is made possible by the new Employment Eligibility Verification Form I-9. Employees will notice a new optional data field in Section 1 of the revised Form I-9 asking for the employee’s email address; this update allows employees to voluntarily provide their email address. When the employee provides an email address on Form I-9, employers must enter it into E-Verify. The new email notification process does not replace the current TNC process. Employers are still required to notify employees of TNCs and their right to contest.

A TNC means that the information entered in E-Verify from the Form I-9 did not match government records. A TNC case result does not necessarily mean that the employee is not authorized to work in the United States.

There are four possible emails an employee may receive from E-Verify. Please read below for a description and a sample of each:

  1. If a TNC is received, employees who have provided an email address on Form I-9 will be automatically notified by E-Verify.
  2. An email will be sent to the employee when the case is referred to SSA or DHS.
  3. An additional email will be sent when an employee:
  4. This email is unrelated to a TNC. When E-Verify confirms employment eligibility for a naturalized citizen of the United States according to DHS records, but also finds that records with SSA have not been updated since the employee naturalized, the email will advise the employee to visit a SSA field office to update the record:
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