QUESTIONS AND ANSWERS

Get answers to your E-Verify questions.

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Yes, M&C will assist E-Verify participants with any questions about following E-Verify policies and procedures. The M&C self-assessment guides provide best practices for direct access users and web services users using E-Verify. E-Verify participants may also call the E-Verify Contact Center at 1-888-464-4218 from 8:00 am to 5:00 pm local time and ask to speak to a Monitoring and Compliance analyst who can assist you with any compliance questions you may have.

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Yes, you may enroll only the locations that will create E-Verify cases in the E-Verify employer access method. This location can create cases for one or several hiring sites. During enrollment, your company may indicate the number of hiring sites and the name(s) of the program administrator(s) associated with that verification location. You will need to sign only one MOU.

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Under certain circumstances, an E-Verify account may be closed prior to the end of the 30-day period required by the E-Verify MOU. Those circumstances include:

  • The company no longer exists
  • Closing the account is necessary to protect the account from unauthorized access
  • A company has duplicate or unnecessary accounts
  • A company needs to reregister in order to change its E-Verify access method or
  • E-Verify determines that closing an account before 30 days is necessary based on the requirements of law or policy

To request that your E-Verify account be closed prior to 30 days from your notice of termination based on one of these circumstances, your written request for termination must:

  • Request that your E-Verify account be closed prior to 30 days from your notice of termination, as required by the E-Verify MOU
  • Explain why your account should be closed prior to 30 days from your notice of termination, referencing and explaining in detail one or more of the circumstances above and
  • Specify the date you would like your E-Verify account closed

Closing E-Verify accounts prior to the end of the 30-day period, required by the E-Verify MOU, is at the discretion of E-Verify.

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Under certain circumstances, an E-Verify account may be closed prior to the end of the 30-day period required by the E-Verify MOU. Those circumstances include:

  • The company no longer exists
  • Closing the account is necessary to protect the account from unauthorized access
  • A company has duplicate or unnecessary accounts
  • A company needs to reregister in order to change its E-Verify access method or
  • E-Verify determines that closing an account before 30 days is necessary based on the requirements of law or policy

To request that your E-Verify account be closed prior to 30 days from your notice of termination based on one of these circumstances, your company’s E-Verify employer agent or an authorized representative of your company must make a written request to E-Verify.

Closing E-Verify accounts prior to the end of the 30-day period, required by the E-Verify MOU, is at the discretion of E-Verify.

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On a temporary basis due to COVID-19, employers and workplaces that are operating remotely have the option to inspect Form I-9 documents remotely. Employers who choose the remote inspection option may inspect the Section 2 documents over video link, fax, email, etc. Employers should obtain, remotely inspect, and retain copies of the identity and employment eligibility documents their employees provide, within three business days for purposes of completing Section 2.

After they inspect the employee’s documents remotely and determine whether the documents reasonably appear to be genuine and relate to the employee, they should create an E-Verify case for the employee. They should still follow current guidance and create the E-Verify case for their new hire within three business days from the date of hire. Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason.

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A. Yes, here is an overview:

  • The employee completes Section 1 no later than the first day of employment.

There is no change to current requirements.

  • The employer completes Section 2 within three business days of their employee’s first day of employment.

There is no change to current requirements for employees who are physically present at a work location.

Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9.

If employers are performing inspections remotely (e.g., over video link, fax or email, etc.) they must obtain, inspect, and retain copies of the Section 2 documents within three business day of hire. In the Additional Information field, employers may indicate that remote inspection was completed and when.  A physical inspection must take place after normal operations resume. Employers should enter “COVID-19,” the date of the physical inspection and who conducted it   in the Additional Information field.  For more information, please see our Form I-9 mockups for visual examples of how remote and physical inspection should be notated. 

As a reminder, the employer may designate an authorized representative to complete Section 2 or 3 of Form I-9 on behalf of the company, including personnel officers, foremen, agents or notary public. The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If an authorized representative completes Form I-9 on behalf of the employer, the employer is still liable for any violations in connection with the form or the verification process.

  • The employer physically examines their employee’s documents with their employee present.

DHS has announced changes to these procedures in certain circumstances; see the news release that announced flexibility in complying with requirements related to Form I-9.

  • The employer completes Section 3, Reverification.

DHS has announced changes to these procedures; the ability to inspect documents remotely for some employers applies to reverification as well. See the March 20 news release for details on remote inspection. 

If you are updating Section 3, write “COVID-19” in the margin or annotate in the additional information field.

There is no change to current requirements for employees physically present at a work location.

NOTE: If you previously wrote “COVID-19 EXT” in the margin or in the Additional Information field on a Form I-9 when completing Section 3,  you do not need to correct this notation.

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You have the option of treating all rehired employees as new hires by completing a new Form I-9 and creating a case in E-Verify. However, you also have the option of completing Section 3 for all rehires and only completing a new Form I-9 and creating an E-Verify case if you rehired employees who didn’t have a previous E-Verify case or if you created a case and did not receive a result of employment authorized.

For more information see Section 2.1.2 Rehires in the E-Verify User Manual.

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Employers who are already enrolled do not need to execute a new MOU. However, as a reminder, when the signatory leaves, the employer continues to be bound to the terms and conditions of the most recent version of the MOU and E-Verify User Manual.

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Yes, E-Verify’s Monitoring and Compliance (M&C) Branch monitors usage of E-Verify to detect, deter, and reduce misuse, abuse, and fraud. M&C monitors E-Verify participants and informs them when they are not in compliance with E-Verify policies and procedures.

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E-Verify is currently set up to require all new users to take the full tutorial, while existing users are required to take a refresher tutorial after most new system enhancements are deployed. Generally, the system does not require an existing user to take the full tutorial over again. However, an existing user who has not logged in for a while may need to take several different refresher tutorials.

E-Verify now alerts users before the release of a system enhancement that requires a tutorial update. Before a system enhancement release, E-Verify publishes an alert in the E-Verify system and an update on the E-Verify What's New page and distributes an email message to website subscribers. Subscribe to receive our email updates and get notifications sent to your email inbox.

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