QUESTIONS AND ANSWERS

Get answers to your E-Verify questions.

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After enrollment, the E-Verify employer agent must provide clients with the ‘Notice of E-Verify Participation’ and the ‘Right to Work’ posters. Clients must display the English and Spanish versions of the posters in a location clearly visible to potential and current employees. In addition, clients may provide a copy of these posters with job application materials, either online or in hard copy.  In order for the client to have the most recent and complete information regarding E-Verify, the agent should also provide their clients with replacement participation posters when updates are provided by DHS.

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U.S. Department of Homeland Security (DHS) policy sets strict password standards.  E-Verify adheres to government-wide standards to ensure the security and privacy of personally identifiable information. This includes user information, case information and employee verification information. Passwords provide the first line of defense against unauthorized access as well as authentication of authorized users. More information on password standards is available in DHS 4300A Sensitive Systems Handbook.

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A Department of Homeland Security (DHS) or Social Security Administration (SSA) TNC means that the information your employer entered in E-Verify from your Form I-9 did not match records available to DHS and SSA. This does not necessarily mean you are not authorized to work in the United States.

An SSA TNC may occur if:

  • You didn’t update your citizenship or immigration status with SSA.
  • You did not report your name change to SSA.
  • Your name, Social Security number, or date of birth is incorrect in SSA records.
  • Your SSA records contain another type of mismatch.
  • Your employer did not enter your information correctly.

A DHS TNC may occur if:

  • Your name, Alien Registration Number (A-Number), USCIS Number, Form I-94 number or foreign passport number are incorrect in DHS records.
  • Your U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified.
  • Your DHS record is not up to date.
  • Your citizenship or immigration status changed.
  • Your record contains another type of error.
  • Your employer did not enter your information correctly.
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On June 6, 2008, President George W. Bush amended Executive Order 12989 directing all Federal departments and agencies to require federal contractors with a federal contract that contains the FAR E-Verify clause to use E-Verify to verify the employment eligibility of employees performing work under a qualifying federal contract. On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a Federal Acquisition Regulation (FAR) final rule (FAR case 2007-013, Employment Eligibility Verification) that implements the amended Executive Order 12989.

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When E-Verify was established congress included the requirement that documents establishing identity (List B documents) must contain a photograph. The legal requirement is found in Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

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Under a National Archives and Records Administration (NARA) records retention and disposal schedule (N1-566-08-7), USCIS must dispose of E-Verify records 10 years old or older to reduce security and privacy risks associated with U.S. Government retention of personally identifiable information (PII).

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Section 403(a)(3)(A) of the E-Verify statute requires employers who participate in E-Verify to create a case within 3 days of hiring a new employee.

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E-Verify provides your company the following benefits:
  • Allows you to verify that your employees are authorized to work in the United States and provides a response in as little as three to five seconds
  • Provides extensive resources to assist you, including training, webinars and a dedicated hotline
  • Is free of charge
  • Provides a “rebuttable presumption” that you are in compliance with employment eligibility laws and
  • Your state may require the use of E-Verify
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No, once an account is closed, employers will no longer have access to their account and associated records. To preserve the records from an E-Verify account, create and retain a user audit report before the account is closed. E-Verify case information and documentation must be retained for your employees for the same length of time as their Forms I-9.

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