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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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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Yes, petitions approved for the CNMI - only work categories of CW-1 (Nonimmigrant Transitional Worker) or E-2C (CNMI Investors) provide a Form I-94 that indicates this status. The Form I-94 with the foreign passport constitutes evidence of work authorization. Employers can create cases in E-Verify for employees who present a foreign passport with the Form I-94 indicating CW-1 or E-2C status. Additionally, employees may present any other acceptable documentation from the List of Acceptable Documents allowed by Form I-9 regulations.

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The E-Verify federal contractor rule requires federal prime contractors with federal contracts containing the FAR E-Verify clause to require their subcontractors to use E-Verify when:

  • The prime contract includes the FAR E-Verify clause.
  • The subcontract is for commercial or noncommercial services or construction.
  • The subcontract has a value of more than $3,500.
  • The subcontract includes work performed in the United States.

Subcontractors who are only suppliers, however, are not subject to the E-Verify federal contractor rule.

The prime contractor should provide general oversight to subcontractors to ensure they meet the E-Verify requirement. A prime contractor may be subject to fines and penalties if it knowingly continues to work with a subcontractor who is in violation of the E-Verify requirement. The prime contractor must ensure that all covered subcontracts at every tier incorporate the FAR E-Verify clause at FAR 52.222-54. For more information on subcontractors, see the E-Verify Supplemental Guide for Federal Contractors.

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