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E-Verify User Manual

E-Verify User Manual

E-Verify
M-775, E-Verify User Manual | Current as of April, 2018

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ymbenadada Thu, 01/11/2018 - 15:13

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1.0 Introduction

1.0 Introduction

1.0 Introduction

This manual provides guidance on E-Verify processes and outlines the rules and responsibilities for employers and E-Verify employer agents enrolled in E Verify. Users must follow the guidelines set forth in the E-Verify Memorandum of Understanding for Employers (MOU) and the rules and responsibilities outlined in this manual.

For purposes of this manual, the term “employer” means any person, company, or other entity that is required to complete Form I-9, Employment Eligibility Verification, including any individual with an E-Verify user account. The term “E Verify employer agent” means any person, company, or other entity that is providing the service of verifying employees as a third party to clients (employers) through the use of E-Verify.

This section provides a background and overview and an introduction to basic website navigation, participation, user roles, rules and responsibilities, and the privacy and security guidelines of E Verify.

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1.1 Background and Overview

1.1 Background and Overview

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which required the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS), formerly the Immigration and Naturalization Service, to conduct an employment verification pilot program. Under the U.S. Department of Homeland Security (DHS), USCIS operates the E Verify program, previously referred to as the Basic Pilot program. E-Verify is an internet-based system that implements the requirements of IIRIRA by allowing any U.S. employer to electronically confirm the employment eligibility of its newly hired employees.

E-Verify is a voluntary program. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in and use E-Verify as a condition of federal contracting. Employers with employees in states with legislation that require participation in E-Verify, for example, as a condition of business licensing, may also be required to participate in E-Verify. In addition, an employer may be required to participate in E-Verify pursuant to a court order.

NOTE: E-Verify does not provide guidance on state or local E-Verify laws. For help, contact the appropriate state officials, a local Chamber of Commerce, or other legal advisors.

Apart from any state or local law that requires participation in E-Verify, employers are fully responsible for complying with sections 274A (which addresses the requirements of the Form I-9 process) and 274B (which addresses unfair immigration-related employment practices) of the Immigration and Nationality Act. Employers who fail to comply with either section may be subject to penalties.

E-Verify works by electronically comparing the information from an employee’s Form I 9 with records available to SSA and/or DHS to verify the identity and employment eligibility of each newly hired employee and/or employee assigned to a covered federal contract.

Employers can verify the employment eligibility of only one person at a time within E-Verify. All cases must be created individually.

E-Verify is free, and it is the best means available to confirm the employment eligibility of new hires. E-Verify is available in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and Commonwealth of the Northern Mariana Islands.

NOTE: E-Verify Self Check, referred to as Self Check, is a free, fast, secure and voluntary online service that allows individuals to confirm their own employment eligibility themselves. Employers may not ask current or prospective employees to use Self Check to prove employment eligibility. The service is designed to provide visibility into government records, and if necessary, guidance on how individuals can correct those records. Self Check is separate from the E-Verify user interface. For more information and specific rules, visit www.e-verify.gov/mye-verify/self-check.

Use of Self Check does not satisfy or supersede the requirements of federal contractors subject to the FAR E-Verify clause, or any other employers, to use E Verify.

Important

For more information on E-Verify procedures, rules and responsibilities for federal contractors with the FAR E-Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.

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1.2 Basic Website Navigation

1.2 Basic Website Navigation

All E-Verify users need to be familiar with the website navigation links. The figure below provides a screen shot of the employer user webpage. The navigation links within each area vary depending upon the type of user. For more information on navigation links for E-Verify employer agents, refer to the Supplemental Guide for E-Verify Employer Agents.

screen shot of the employer user webpage with areas labeled 1 through 4 on the screen capture

Area 1 displays the E-Verify Message Center which includes important updates on E Verify, information affecting employment verification, best practices and current events.

Area 2 contains Quick Links, which includes links to E-Verify contact information and to search cases. Area 2 also includes a shortcut to create an E-Verify case. Clicking Verify Employee will begin the verification process.

Area 3 displays Case Alerts that inform employers when an action is required. For more information on case alerts, see Section 4.2.

Area 4 contains E-Verify menu options which are identified in the Area 4 E-Verify Menu Overview. Selecting a navigation menu option is the first step in accessing a function in E Verify. Choosing a function displays the first active page where a user enters information. Menu options are tailored based on assigned user roles. For more information on user roles, see Section 1.4.

AREA 4 E-Verify MENU OVERVIEW

MENU OPTION

FUNCTIONS

Cases

  • New Case
  • View Cases
  • Search Cases

Profile

  • Edit Profile
  • Change Password
  • Change Security Questions

Company

(Only program administrators have these options)

  • Edit Company Profile
  • Add New User
  • View Existing Users
  • Close Company Account

Reports

  • View Reports

Resources

  • View Essential Resources
  • Take Tutorial
  • View User Manual
  • Share Ideas
  • Contact Us
 
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1.2.1 Essential Resources

1.2.1 Essential Resources

View Essential Resources under Resources contains links to important documents and tools for employers that participate in E-Verify. The Essential Resources Overview provides specific information on the resources available to users.

ESSENTIAL RESOURCES OVERVIEW

LINK

INFORMATION

E-Verify Posters

  • E-Verify Participation Poster
  • Right to Work Poster

Manuals and Guides

  • E-Verify User Manual
  • E-Verify Quick Reference Guides
  • E-Verify Supplemental Guides
  • Self-Assessment Guides

E-Verify Further Action Notices

  • Sample Tentative Nonconfirmation (TNC) Further Action Notices available in several foreign languages

Document Reference Library

  • Guidance on select state-issued driver’s licenses and state ID cards

Form I-9 Resources

  • The latest version of Form I-9 in English and Spanish
  • The Handbook for Employers: Guidance for Completing Form I-9 (M-274)
  • Link to I-9 Central

Memorandums of Understanding (MOU)

  • Sample copies of the most recent version of the MOU

Other Resources

  • Websites and links to webpages of interest to employers participating in E-Verify
  • Sample Referral Date Confirmation available in several foreign languages
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1.3 E-Verify Participation: Enrollment vs. Registration

1.3 E-Verify Participation: Enrollment vs. Registration

Significant differences between enrollment and registration are outlined in the Enrollment vs. Registration Overview. For additional information on enrollment, visit https://www.e-verify.gov/employers/enrolling-in-e-verify.

Employers who wish to check their enrollment status should contact:

Important

E-Verify Contact Center Monday through Friday from 8 a.m. – 8 p.m. Eastern Time (TTY phone is available from 8 a.m. to 5 p.m. Eastern Time)

Telephone: 888-464-4218; Email: E-Verify@dhs.gov

Employers who have enrolled and need information about registering additional users or about their functions, should see Section 6.0.

ENROLLMENT VS. REGISTRATION OVERVIEW

 

ENROLLMENT

REGISTRATION

Who

Employers enroll in E-Verify to participate in the program

Program administrators register new users in E-Verify who are then able to create cases.

How

Visit the E-Verify enrollment website at https://e-verify.uscis.gov/enroll

After completing the E-Verify tutorial and passing the knowledge test, program administrators may register general users and additional program administrators.

For more information on adding new users, see Section 7.1.

Why

Employers enroll to use E-Verify to confirm employment eligibility of employees

Enrolled employers register users to create cases in E-Verify. There is no limit on the number of users an enrolled employer can register.

To participate in E-Verify, employers must enroll online. You can find information about the system requirements on the E-Verify website under Enrolling in E-Verify

To enroll, employers must electronically sign the E-Verify Memorandum of Understanding for Employers (MOU) which details the responsibilities of SSA, DHS and the employer. In addition, E-Verify users must agree to and follow the guidelines and responsibilities outlined in the MOU and this manual. Employers should ensure that users are prepared and capable of using E Verify properly. Misuse of E-Verify may lead to legal consequences for both employers and users.

To enroll in E-Verify, employers should visit the enrollment website which guides employers through the enrollment process. Additional information regarding enrollment is found at www.E-Verify.gov.

When employers enroll in E-Verify, they choose an access method. Access methods are types of E-Verify accounts that determine who creates and manages the employer’s E-Verify cases. The four access methods include: employer, E-Verify employer agent, corporate administrator, and web services.

The access methods are explained in the Access Method Overview. For more information, visit the Enroll in E-Verify section at www.E-Verify.gov.

ACCESS METHOD OVERVIEW

ACCESS METHOD

EXPLANATION

Employer Access

Employer plans to use E-Verify to verify its employees.

This access method allows employers to create and manage their own cases directly in E-Verify. Most E-Verify participants, regardless of their business size or structure, are enrolled under the employer access method.

E-Verify Employer Agent Access

Employer agent plans to use E-Verify on behalf of its clients to verify their clients’ employees.

The E-Verify employer agent access method allows an individual or company to act on behalf of other employers to create and manage the E-Verify cases of the other employers. The E-Verify employer agent may also create cases for its own employees.

Corporate Administrator Access

Employer has a central office that needs to manage E-Verify use for all of its locations that access E-Verify.

Corporate administrator access is used only to manage multiple employer accounts. Corporate administrators cannot create or manage individual E Verify cases.

For more information on corporate administrator access, refer to the E‑Verify User Manual for Corporate Administrators.

Web Services Access for Employers

-or-

Web Services Access for E‑Verify Employer Agents

Employer plans to develop its own software to access E-Verify.

The web services access method requires an employer to develop software that interfaces with E-Verify to create and manage cases. The employer’s software should extract data from its existing system or an electronic Form I-9 and transmit the information to E-Verify. Employers who choose this option receive a web services Interface Control Agreement (ICA) which contains the information used to develop and test the software interface. Both employers and E Verify employer agents can use this access method.

 
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1.5 User Rules and Responsibilities

1.5 User Rules and Responsibilities

E-Verify users are bound by the guidelines in the MOU and the rules and responsibilities outlined in this manual.

To ensure proper use of E-Verify and protection of employee workplace rights, employers should periodically review all of the program rules and employer responsibilities with their users.

Important

For information on E-Verify rules and responsibilities for federal contractors with the FAR E-Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.

E-Verify users must follow the guidelines specified in the Rules and Responsibilities Overview.

RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

  • Follow E-Verify procedures for each employee for whom an E-Verify case is created.
  • Notify each job applicant of E-Verify participation by clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. You may also display the posters in other languages provided by DHS.
  • Complete Form I-9 for each newly hired employee before creating a case in E Verify.
  • Obtain a Social Security number (SSN) from each newly hired employee on Form I-9.
  • Ensure that Form I-9 List B identity documents have a photo (Section 2.1).
  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
  • Enter the employee’s email address in E-Verify if it was provided on Form I-9.
  • Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (TNC).
  • Ensure that all personally identifiable information is safeguarded.

Employers participating in E-Verify must not:

  • Use E-Verify to pre-screen an applicant for employment.
  • Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.
  • Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
  • Create an E-Verify case for an employee who was hired before the employer signed the E-Verify MOU, except in certain instances such as employees of federal contractors with the FAR E-Verify clause.
  • Take adverse action against or terminate an employee because he or she received a TNC result, unless E Verify issues a case result of Final Nonconfirmation.
  • Share any user ID and/or password.

Upon enrollment, employers are required to clearly display the Notice of E-Verify Participation and Right to Work posters in English and Spanish, both of which appear below. Employers may also display the posters in other languages provided by DHS. After logging in to E-Verify, the posters are found under View Essential Resources.

Display the posters in a prominent place that is clearly visible to prospective employees and all employees who will have their employment eligibility verified with E-Verify. In order for employees, applicants and the public to have the most recent and complete information regarding E-Verify, employers should replace their participation posters when updates are provided by DHS. In addition, E-Verify recommends providing a copy of these posters with job application materials, either online or in hard copy.

E-Verify Participation Notifications

Notice of E-Verify Participation

E-Verify Participation Poster

Provided by DHS

Right to Work Poster

IER Right to Work Poster

Issued by Department of Justice, Immigrant and Employee Rights Section

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1.6 Privacy And Security Statement

1.6 Privacy And Security Statement

The use of E-Verify requires the collection of personally identifiable information (PII). Employers must protect the privacy of employees who submit information to be processed through E-Verify and ensure that all personal information collected is safeguarded and used only for the purposes outlined in the MOU.

E-Verify protects PII in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) by annually disposing of E-Verify records that are over 10 years old. This minimizes security and privacy risks associated with U.S. government retention of PII.

Failure to properly protect employee information can result in identity theft or fraud and can cause considerable inconvenience, harm or embarrassment to the employees or employer affected.

At a minimum, follow the steps in the Privacy Guidelines Overview to protect personal information and comply with the appropriate requirements.

PRIVACY GUIDELINES OVERVIEW

  • Allow only authorized users to use E-Verify.
    Ensure that only appropriate users handle information and create cases.
  • Secure access to E-Verify.
    Protect passwords used to access E-Verify and ensure that unauthorized persons do not gain access to E-Verify.
  • Protect and store employee information properly.
    Ensure that employee information is stored in a safe and secure location and that only authorized users have access to this information.
  • Discuss E-Verify results in private.
    Ensure that all case results including Tentative Nonconfirmations (TNC) and Final Nonconfirmations are discussed in private with the employee.
REMINDER
  • You must ensure that all personally identifiable information is safeguarded.
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2.0 Initial Verification

2.0 Initial Verification

The E-Verify process begins with a completed Form I-9. E-Verify confirms employment eligibility by comparing the employee’s Form I-9 information entered in E-Verify by the employer with the information in records available to SSA and/or DHS.

When E-Verify checks the employee’s information with records available to SSA and/or DHS, a case result is provided. Case result statuses can be initial, interim or final. Proper use of E-Verify requires users to close all cases when they receive a final case results of Final Nonconfirmation or Close Case and Resubmit. Cases resulting in Employment Authorized are automatically closed by the system.

This section outlines the steps required to create a case in E-Verify and the initial case results provided by E-Verify. For additional guidance specific to E-Verify employer agents, see the Supplemental Guide for E-Verify Employer Agents.

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2.1 Form I-9 And E-Verify

2.1 Form I-9 And E-Verify

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The first day of employment means the first day an employee works in exchange for wages or other remuneration. These Form I-9 requirements also apply to E-Verify employers. With the goal of ensuring a legal workforce, employers enrolled in E Verify have chosen to take the additional step of electronically confirming that information their employees provide match government records.

Important

To view or download Form I-9, go to the following website: http://www.uscis.gov/I-9

For more information on Form I-9 procedures, refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274).

For additional assistance on Form I-9, contact E-Verify Contact Center Monday through Friday 8 a.m. – 8 p.m. Eastern Time at 888-464‑4218 (TTY phone is available from 8 a.m. to 5 p.m. Eastern Time).

Newly hired employees must complete Section 1 of Form I-9 in its entirety on the first day of employment. They may complete Section 1 before this date, but only after acceptance of an offer of employment. Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSNs) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all employees whose employment eligibility will be verified in E-Verify must provide their SSNs.

If a newly hired employee has applied for, but has not yet received an SSN (for example, the employee is a newly arrived immigrant), attach an explanation to the employee’s Form I-9 and set it aside. Allow the employee to continue to work and create a case in E-Verify using the employee’s SSN as soon as it is available. If the case was not created by the third business day after the employee started work for pay, indicate the reason for this delay. Employers may choose a reason from the drop-down list or state a specific reason in the field provided.

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, physically examine documents presented by the employee that establish his or her identity and employment authorization. Do not specify which documents from the “Lists of Acceptable Documents” on Form I-9 the employee must present. Employers may reject a document if it does not reasonably appear to be genuine or to relate to the person presenting it.

Documents from List A establish both identity and employment eligibility. Documents from List B establish identity only and documents from List C establish employment eligibility only. Employers must accept either one document from List A, or a combination of one document from List B and one document from List C.

Any List B document presented to employers participating in E Verify must contain a photo. However, if an employee objects to providing a photo document for religious reasons, call E-Verify at 888-464-4218. If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), the employer must obtain a copy of it and retain it with Form I 9. For more information on Form I-9 retention guidelines, refer to the Handbook for Employers: Guidance for Completing Form I-9 (M-274).

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2.1.1 Receipts

2.1.1 Receipts

If the employee presents an acceptable receipt for Form I-9 showing that he or she applied to replace a document that was lost, stolen or damaged, the employer must set aside this employee’s Form I-9 and wait to create a case in E-Verify. When the employee provides the actual document for which the receipt was presented, the employer must update the employee’s Form I-9 and then create a case in E-Verify for the employee.

However, employers must create the E-Verify case by the third business day after the employee is hired if the employee presents one of the following documents which are also considered receipts:

  • The arrival portion of Form I-94/I-94A with a temporary Form I-551 stamp and a photograph of the individual.
  • The departure portion of Form I-94 with a refugee admission stamp or computer-generated printout of Form I-94 with admission code “RE.”

For more information on acceptable receipts, see the Handbook for Employers (M-274) or visit www.uscis.gov/i-9central.

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2.1.2 Rehires

2.1.2 Rehires

Employers 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, employers 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 upon rehiring employees for whom no previous E-Verify cases were created.

If you rehire a former employee within three years of the initial execution of the previous Form I-9, but did not create an E-Verify case, or if you created a case and did not receive a result of employment authorized, have the employee complete a new Form I-9 and create a case in E-Verify.

If you rehire a former employee within three years of the date of the initial execution of the previous Form I-9, created a case from that Form I-9, and received a result of employment authorized, you may be able to rely on the information from the employee’s previous Form I-9. Follow the steps outlined below when rehiring an employee who previously had a case created in E-Verify and received an employment authorized result.

If the previously created E-Verify case received a result of employment authorized and the Form I-9 has: Then:
No expired documents Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a new case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.
An expired:
  • U.S. passport or
  • U.S. passport card or
  • Permanent Resident Card or
  • Alien Registration Receipt Card (Form I-551)
  • List B document
Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.
An expired List A or List C document that triggers reverification Write the employee’s rehire date and the updated employment authorization document information in Section 3 of the existing Form I-9. Do not create a case in E-Verify.
or
Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.

See the Handbook for Employers M-274, Section 5.2 Reverifying or Updating Employment Authorization for Rehired Employees for more information on rehires.

REMINDER
  • Do not specify or request which document a newly hired employee must use for Form I-9.
  • If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), and you will create a new E-Verify case for the employee, make a copy of the document and retain it with Form I-9.
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2.1.3 Unexpired Document Required

2.1.3 Unexpired Document Required

Employees must present unexpired documents for Form I-9 verification (see exception below) and for the employer to create an E-Verify case. If an expired document is entered into E-Verify, it generates an error message and you will not be allowed to continue creating the case. The employee will need to present acceptable unexpired document(s) and employers will need to correct Form I-9 before they can create an E-Verify case.

EXCEPTIONS: Just because the employee presented an expired document does not mean he or she is not authorized to work. If the employee provides unexpired documentation that is used to create another case, it may still be possible for E-Verify to confirm their employment eligibility.

In limited situations, employers may accept a document that appears expired on its face for Form I-9 verification. Foreign nationals in certain eligibility categories who timely file a renewal application for an Employment Authorization Document (EAD) may receive an automatic extension of their EAD. The extension begins on the date the EAD expires and continues for up to 180 days unless the application is denied. The employee’s EAD may be combined with the Form I-797C, Notice of Action, showing both the renewal application was timely filed and the same qualifying eligibility category as that on the expired EAD, to demonstrate the extended validity of the EAD for 180 days. In the case of an EAD in category A12 or C19, Form I-797C can show either A12 or C19 and they do not have to match. This document combination is considered to be an unexpired EAD under List A. The receipt number on the Form I-797C should be entered as the document number when the case is created in E-Verify.

NOTE: Not all EADs can receive an auto-extension; only EADs issued under specific eligibility category codes qualify. See Section 4.2 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances in the Handbook for Employers (M-274) or visit www.uscis.gov/I-9central for more information about which EAD category codes qualify for the auto-extension.

When a Temporary Protected Status (TPS) designation for a particular country is authorized, DHS may automatically extend the expiration date of the EAD issued to those TPS beneficiaries via a notice published in the Federal Register. In this situation, the published notice will state the date to which the EAD has been extended. If the notice is presented for Form I-9 completion, record the date the EAD has been automatically extended to as the expiration date.

NOTE: The employee does not have to provide proof that they are a national of a country designated for TPS.

DHS also sometimes extends two-year Permanent Resident Cards (Form I-551) via Form I-797. The Permanent Resident Card with Form I-797 noting the extension can be presented as a List C document for Form I-9. Additionally, a Permanent Resident Card with a USCIS-issued sticker extending its validity is a List A document.

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2.2 Create A Case

2.2 Create A Case

After Form I-9 is complete, the next step is to create a case in E-Verify using the information from Form I-9. E-Verify cases must be created no later than the third business day after the employee starts work for pay. Employers who learn that they inadvertently failed to create a case by the third business day after the employee started work for pay should bring themselves into compliance immediately by creating a case for the employee.

Do not create a case for an employee whose first day of employment is before the effective date of the employer’s MOU.

Important

For more information on E-Verify procedures for federal contractors with the FAR E‑Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.

Follow the steps outlined below in How to Create a Case – Process Overview.

HOW TO CREATE A CASE – PROCESS OVERVIEW

  1. From the E-Verify Welcome page, click the drop-down arrow next to Cases and select New Case.

    screen capture showing "New Case" menu item
  2. Enter the employee’s information from Section 1 of Form I-9. If you do not enter required information, E-Verify generates a field error message and you must enter the required information to continue with the case.

    screen capture showing "Enter the employee’s Form I-9 information" initial page

    When entering more than one last name into the Other Last Names Used field, press the Tab or Enter key after each last name is added.

    NOTE: If the employee provided an email address on Form I-9, you must enter it into E Verify. E-Verify may send the employee email notifications with information about his or her E Verify case. If the employee did not provide an email address on Form I-9, click the box next to No email address provided.

    Click Continue.

  3. From Section 1 of the employee’s Form I-9, choose the appropriate option for Citizenship Status.
    • A citizen of the United States
    • A noncitizen national of the United States
    • A lawful permanent resident
    • An alien authorized to work

    screen capture showing "Enter the employee’s Form I-9 information" citizenship statussecond page

    Click Continue.

  4. Click List A Document or List B & C Document, using information provided in Section 2 of the employee’s Form I-9. Then select the document or combination of documents provided in Section 2.

    screen capture showing "Employer or Authorized Representative Review and Verification" List A

    screen capture showing "Employer or Authorized Representative Review and Verification" List B and C

    screen capture showing "Select the document number provided on the Form I-9"

    IMPORTANT: If you select driver’s license, E-Verify will prompt you to select the state. Enter the requested information and click Continue.

  5. Type the employee’s first day of employment recorded in Section 2 of Form I-9 into the Employee’s First Day of Employment field. Alternatively, you may click Today, 1 Day Ago, or 2 Days Ago and the corresponding date automatically populates in the Employee’s First Day of Employment field. If you select Other, the system requires you to manually enter the employee’s first day of employment.

    screen capture showing "Additional Case Details" Select the Employee's First Day of Employment "Other"

    If the case is being created 3 or more days past the employee's first day of employment, you must provide a reason for the delay. Select one of the following reasons from the drop-down menu:

    • Awaiting Social Security Number
    • Technical Problems
    • Audit Revealed that New Hire Was Not Run
    • Other
    • Federal Contractor with E-Verify Clause verifying an existing employee

    If Other is selected, E-Verify requires you to type the reason in the Reason for Delay text box.

    screen capture showing "Additional Case Details"Employee's FIrst Day of Employment Dropdown

    NOTE: If you enter a date more than 90 business days beyond the current date in the Employee’s First Day of Employment field, E-Verify displays an error message informing this date must be between 11/07/1986 and 90 business days in the future.

    Provide Visa Number when applicable.

    Employee ID is an optional field for users who wish to assign an internal tracking code to a case. If desired, enter a unique identifier assigned to this case.

    Click Continue.

Question Mark For additional information simply by clicking any help text symbol. Question Mark

REMINDER
  • Complete Form I-9 before creating a case in E-Verify.
  • Enter the employee’s email address if provided on Form I-9 or indicate “No email address provided.”
  • Create cases for all newly hired employees no later than the third business day after the employee's first day of employment.
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2.2.1 Employee’s First Day Of Employment

2.2.1 Employee’s First Day Of Employment

The employee’s first day of employment is the date the employee begins working in exchange for wages or other remuneration. The employee’s first day of employment is recorded in Section 2 of Form I-9.

screen capture of Section 2 of Form I-9 Certification of hire date

If Form I-9 is completed after the employee accepts the offer of employment, but before the actual start of work for pay or other remuneration, it is possible that the first day of employment recorded on Form I-9 could change after the employer created the case in E-Verify. If this happens, no additional action is required in E Verify as the first day of employment cannot be changed once the case has been submitted. If the employee’s first day of employment changes, employers should correct the date originally indicated as the employee’s first day of employment in the certification block in Section 2 on the employee’s Form I-9. Consult the Handbook for Employers (M-274) or visit www.uscis.gov/i-9central for more information.

Employees whose first day of employment was on or before November 6, 1986, are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment. Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before November 27, 2009, are not subject to Form I-9 and their employers may not create cases in E-Verify for them based on this employment.

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2.2.2 E-Verify Photo Matching

2.2.2 E-Verify Photo Matching

E-Verify photo matching will prompt the E-Verify user to compare the employee’s photo document with a photo displayed during creation of the E Verify case. This helps ensure that the document the employee provided matches records available to DHS.

The four List A documents that will trigger photo matching are the U.S. passport, passport card, Permanent Resident Card (Form I-551) and Employment Authorization Document (Form I-766). When the employee presents one of these documents, employers must copy the front and back of the document (or in the case of a U.S. passport, copy the Passport ID page and the Passport Barcode page) and retain the copies with Form I-9. If the employee’s Form I-9 information matches records available to DHS, E-Verify displays the employee’s photo from the document presented.

To match photos, compare the photo displayed by E-Verify to the photo on the employee’s actual document or a copy of the employee’s document and determine if the photos are reasonably identical. The photos should be identical with only minor variations in shading and detail based upon the age and wear of the employee’s document and the quality of your computer monitor.

Note that a watermark has been added to the photo displayed in E-Verify to prevent unauthorized use. The photo on the document presented by the employee should not have a watermark. Absence of a watermark on the photo from the employee’s document does not mean that the document is not genuine.

Do not compare the photo displayed by E-Verify to the actual employee. Employers should have directly compared the photo on the document to the employee during Form I-9 completion and prior to creating the E-Verify case. Photo Matching - Process Overview provides a summary.

PHOTO MATCHING – PROCESS OVERVIEW  

  • E-Verify prompts you to compare a photo displayed in E-Verify with the employee’s Form I 9 photo document. You must obtain a copy of the employee’s document and retain it with Form I-9.
  • Account for minor variations in shading and detail between the two photos.
  • Select the option next to the appropriate response.
  • Click Continue to Case Results.
  • Screen capture of Photo Matching
    • Yes, this photo matches – The photo on the employee’s actual document or a copy matches the photo displayed by E-Verify. Clothing, hair style, facing direction and appearance on the card should be identical to the photo displayed by E Verify.
    • No, this photo does not match – The photo on the employee’s actual document or a copy does not match the photo displayed in E Verify.
    • No photo displayed – No photo was displayed for the E-Verify user to compare with the employee’s document provided. This option should be selected when E-Verify either displays no photo or it displays an image of something other than a photo of a person, such as an image of a document.

NOTE: If you do not make a selection and click Continue, the case will receive a status of Photo Matching Required. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

  • If you select No, this photo does not match or No photo displayed, E-Verify prompts you to upload a photo of your employee’s document and click Continue.

NOTE: For most documents presented, E-Verify requests an image of both the front and back. If you are entering a U.S. passport or passport card, E-Verify will request an image of the Passport ID page and the Passport Barcode page.

  • Click Continue.
  • Screen capture of Photo Matching Submit a valid photo

NOTE: Each file must be a .jpg, .pdf, or .png file that is no greater than 4MBs.

IMPORTANT: Compare the photo displayed in E-Verify with the employee’s Form I-9 photo document, not to the actual employee.

After a selection is made, one of the following case results will appear:

  • EMPLOYMENT AUTHORIZED, Section 3.1
  • TENTATIVE NONCONFIRMATION (TNC), Section 3.3

Each case result requires different actions or steps to continue or close the case. These actions are outlined in each case result section throughout this manual.

REMINDER
  • Employees always have a choice of which acceptable documents to present for Form I‑9; employers must not require workers to present documents that activate photo matching.
  • Make a copy of all U.S. passports, passport cards, Permanent Resident Cards (Form I-551) and Employment Authorization Documents (Form I‑766) presented by employees and retain them with Form I-9.
  • The photo will display automatically in E-Verify during the verification process.
  • Only compare the employee’s Form I-9 photo document to the photo displayed in E-Verify.
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2.2.3 Review Case- And Are You Sure? Alert

2.2.3 Review Case- And Are You Sure? Alert

Users are prompted to review and confirm that the information entered is correct and may edit case details before submitting the case. If the information entered does not immediately match records available to SSA and/or DHS, the Review Case – Are You Sure? screen appears so the user can confirm that the information entered matches the Form I-9. Users may either confirm that the information matches Form I-9 or change the information in the prompted fields if they entered the information incorrectly. Follow the steps in the Review Case – Process Overview.

REVIEW CASE - PROCESS OVERVIEW

  • Review information entered into E-Verify and confirm it matches information entered on the employee’s Form I-9.
  • Click Edit Case Details to make corrections if necessary, then click Continue to return to the Review Case screen.
  • Click Submit Case.

    NOTE: If you do not click Continue or Close Case, the case will receive a status of Case Incomplete. To search for a case, see Section 4.2 Case Alerts and View/Search Cases.

IMPORTANT: If you need more time to verify the information is correct, you may click Save & Exit to exit the case. You can locate the case later under View/Search Cases. If you determine you no longer need to submit the case, you may click the Close Case link and the case will be closed without being submitted.

  • screen capture showing "Wait! is the information below correct" Check Information Page
  • screen capture showing "Additional Case Details" Submit Case
  • If information entered does not immediately match records available to SSA and/or DHS, E-Verify will prompt you with a second alert asking you to confirm the information is correct.
  • Review information on the screen to ensure it matches what the employee entered in Section 1 of Form I-9. Select the appropriate option, indicating whether the information displayed matches the Form I-9. If the information does not match what was entered on Form I-9, correct the field in the alert to match the Form I-9.
  • Click Continue to Case Results.
  • screen capture showing "Are you sure?" Continue to Case results

If you do not select an option, a message will appear instructing you to select an option before you can continue.

If you need more time to verify the information is correct, you may click Save & Exit to exit this case. You can locate the case later under View/Search Cases. If you do not click Continue to Case Results or Save & Exit, the case will receive a status of Case Incomplete. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

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2.3 Duplicate Cases Found Alert

2.3 Duplicate Cases Found Alert

A duplicate cases found alert appears for a case that contains the same information found in one or more cases created within the last 30 days under the same employer account. Receiving a duplicate cases found alert does not necessarily mean that you should not proceed with the new case you are creating. There may be valid reasons for an employer to create a new case for the same employee, such as if the previous case contains incorrect information. However, all cases must be closed in order for the cases to be considered complete. Review the situation and decide whether to continue with the present case and close any open duplicate cases that may have been created in error. Follow the steps in the Duplicate Cases Found Alert – Process Overview.

DUPLICATE CASES FOUND ALERT – PROCESS OVERVIEW

  • The Duplicate Cases Found alert displays all cases created under this employer account within the last 30 days using duplicate information. Before proceeding with a new case, you should close all open duplicate cases.
  • Open cases will have a blue Close Case next to the Case Number.
  • To close an individual case, click Close case.
  • To close multiple open cases, click Close all cases.
  • All cases closed from within this alert will be closed as duplicate cases.
  • Close case next to the Case Number will be inactive for closed cases. If all cases displayed in the alert have been closed, Close all cases will be inactive.
  • If you decide to continue processing a duplicate case listed in this alert, you may abandon the current case with no further action, as the case has not been created yet.

NOTE: Program administrators and general users can update and close all cases previously created under the same employer account, regardless of who created the case.

  • screen capture showing "Duplicate Cases Found" ERROR
  • To continue the case without closing duplicate cases, click Continue anyway.
  • If you select Continue anyway in error,  you may to click Back and return to the list of duplicate cases.
  • If you click Continue anyway,  you must enter a reason for continuing the case without closing previous cases.
  • Once you’ve typed a reason in the text box, Click Continue.
  • screen capture showing "results page" Continue with Existing Case
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3.0 Case Results

3.0 Case Results

E-Verify checks information entered against records available to SSA and DHS. Once a case is created, a result is displayed. The chart below provides an overview of the case results that E-Verify may return. This section provides additional information on each case result.

CASE RESULTS - OVERVIEW

Employment Authorized

The employee’s information matched records available to SSA and/or DHS.

Verification In Process

This case was referred to DHS for further verification.

Tentative Nonconfirmation (TNC)

Information did not match records available to SSA and/or DHS. Additional action is required.

Case in Continuance

The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.

Close Case and Resubmit

SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee’s U.S. passport, passport card, or driver’s license information is incorrect.

Final Nonconfirmation

E-Verify cannot confirm the employee’s employment eligibility after the employee visited SSA or contacted DHS.

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3.1 Employment Authorized

3.1 Employment Authorized

Most E-Verify cases receive a case result of Employment Authorized. Employment Authorized means that the information entered into E-Verify matched records available to SSA and/or DHS confirming employment eligibility of the employee whose information was entered. E-Verify automatically closes cases resulting in Employment Authorized. You can locate the closed case and view case details in View/Search Cases. See Section 4.2 Case Alerts and View/Search cases for guidance on how to search for and view existing cases in E-Verify. At this stage, you should record the case number on this employee’s Form I-9 or print out the Case Details page and attach it to the Form I-9.

NOTE: Automatic closure only applies to employers directly accessing E-Verify to create cases. If you are using web service software to create cases, you must manually close all cases, including cases resulting in employment authorized.

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3.2 Verification In Process

3.2 Verification In Process

A case result of Verification in Process means that DHS cannot verify the data and needs more time. The case is automatically referred for further verification. DHS will respond to most of these cases within 24 hours, although some responses may take up to 3 federal government working days. No action is required by either you or the employee at this time, but you can check E-Verify daily for a response. See Verification in Process – Process Overview.

VERIFICATION IN PROCESS – PROCESS OVERVIEW

  • E-Verify displays a Verification in Process case result in the View/Search Cases screen. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.
  • When you open a case with a Verification in Process case result, E-Verify displays the E-Verify Needs More Time screen below.
  • Screen shot of E-Verify screen with Verification in Process case result.
  • Check E-Verify for changes to case results.
  • DHS may take 3 federal government working days to respond.
  • Follow the next step based on the case result provided.

After the 3 federal government working days, a Verification in Process case result will provide one of the following case results:

  • EMPLOYMENT AUTHORIZED, Section 3.1
  • TENTATIVE NONCONFIRMATION (TNC), Section 3.3
  • CASE IN CONTINUANCE, Section 3.4

Each case result requires its own actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.

VERIFICATION IN PROCESS SUMMARY

EMPLOYER ACTION
  • Check E-Verify for case result updates
  • Follow next steps based on case result provided
  • An employer may not take adverse action against an employee because of a Verification in Process result
EMPLOYEE ACTION
  • None
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3.3 Tentative Nonconfirmation (TNC)

3.3 Tentative Nonconfirmation (TNC)

A TNC means that the information entered into E-Verify does not match records available to SSA and/or DHS. It is possible for an employee to receive a dual TNC, which means the case received a TNC result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. E Verify identifies the agency or agencies associated with the mismatch in the TNC Further Action Notice.

A case can result in a TNC with SSA because:

  • The employee’s citizenship or immigration status was not updated with SSA.
  • The employee did not report a name change to SSA.
  • The employee’s name, Social Security number and/or date of birth are incorrect in SSA records.
  • SSA records contain another type of mismatch.
  • The employer entered the employee’s information incorrectly in E-Verify.

A case can result in a TNC with DHS because the employee’s:

  • Name, Alien Number, Form I-94 number and/or foreign passport number are incorrect in DHS records.
  • U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified.
  • Information was not updated in the employee’s DHS records.
  • Citizenship or immigration status changed.
  • Record contains another type of error.
  • Employer entered information incorrectly in E-Verify.
  • Photo did not match.

IMPORTANT: Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because the employee received a TNC, until the TNC becomes a Final Nonconfirmation.

If the employee chooses not to take action on the TNC, the employer may terminate employment with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU. The case can be treated as a Final Nonconfirmation and the employer should close the case in E Verify. For more information, see Section 4.1 Close Case.

The following sections outline the specific steps required when a TNC case result is received.

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3.3.1 Notify Employee Of TNC

3.3.1 Notify Employee Of TNC

You must notify the employee about the TNC result as soon as possible by following the steps in Notify Employee of TNC – Process Overview.

NOTIFY EMPLOYEE OF TNC – PROCESS OVERVIEW

  • Download and print the Further Action Notice.

    NOTE: The Further Action Notice prints in English by default, but may also be printed Spanish.

  • To print in English, click Download Further Action Notice.
  • To print in Spanish, click the down arrow next to English and select Spanish, then click Download Further Action Notice.
  • Screenshot TNC select English or Spanish dropdown
  • Review the Further Action Notice with the employee in private and instruct the employee to confirm whether the information listed at the top is correct.
  • If you determine that you entered information incorrectly, select the statement indicating the information was not correct, then click Close Case. The case will be closed due to incorrect data.
  • Screenshot with The information entered was not correct, I am choosing to close this case selected

If the employee cannot read, you must read the Further Action Notice to the employee. If the employee does not speak English as his or her primary language and has a limited ability to read or understand the English language, provide the employee with a translated version of the Further Action Notice in the appropriate language, which is available in View Essential Resources.

IMPORTANT: You may provide the Further Action Notice to the employee in person, by fax, email, overnight or next-day delivery service, as long as you take proper precautions to ensure the employee’s information is protected.

  • Instruct the employee to indicate whether he or she will take action to resolve the TNC, then have the employee sign and date the Further Action Notice printed in English.
  • Provide the employee a copy of the signed Further Action Notice in English (and a translated version, if appropriate).
  • Attach the original signed Further Action Notice to the employee’s Form I-9.

NOTE: If you need to exit the case for any reason, you may click Save & Exit. You can locate the case later under View/Search Cases. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E Verify.

NOTIFY EMPLOYEE OF TNC SUMMARY

EMPLOYER ACTION
  • Download and print the Further Action Notice and confirm whether the information listed at the top is correct
  • Privately notify employee of the TNC
  • Have employee review and confirm whether the information listed at the top is correct
  • Instruct the employee to indicate his or her decision to take action or not and to sign and date the Further Action Notice
  • Provide the employee with a copy of the signed Further Action Notice in English (and a translated version, if appropriate)
  • Keep the original signed Further Action Notice on file with Form I-9
EMPLOYEE ACTION
  • Confirm if the information on the Further Action Notice is correct
  • Decide whether to take action to resolve the TNC or not and indicate choice on the Further Action Notice
  • Acknowledge the TNC case result by signing and dating Further Action Notice
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3.3.2 Confirm Employee Decision

3.3.2 Confirm Employee Decision

After the employee is notified of the TNC and decides whether to take action to resolve the case result, the employee should acknowledge the decision on the Further Action Notice. Employees who choose to take action on a TNC are referred to SSA and/or DHS. If a dual TNC is received, the employee will be referred to both SSA and DHS. Follow the steps outlined in the Confirm Employee Decision and Refer Case – Process Overview.

An employee who chooses to take action to resolve an SSA TNC must visit an SSA field office within 8 federal government working days to begin resolving the TNC. An employee who chooses to take action to resolve a DHS TNC must call DHS within 8 federal government working days to begin resolving the TNC. An employee who chooses to take action to resolve a dual TNC is only given 8 federal government work days to visit SSA and call DHS to begin resolving both TNCs. Federal government working days are Monday through Friday (except for federal holidays).

Give the employee the Referral Date Confirmation from E-Verify. The Referral Date Confirmation provides the date by which the employee must visit SSA and/or call DHS. The employee should bring the TNC Further Action Notice when he or she visits a SSA field office.

If the photos do not match during E-Verify photo matching, E-Verify will prompt the employer to upload copies of the employee’s photo document and the case may result in a TNC. When this happens, the employer must notify the employee of the TNC and allow the employee to choose whether to take action to resolve the TNC. If the employee decides to take action on the photo mismatch TNC, the employer must refer the case in E-Verify and the employee must contact DHS to begin resolving the TNC.

CONFIRM EMPLOYEE DECISION AND REFER CASE – PROCESS OVERVIEW

  • Select the option indicating whether or not the employee will take action to resolve the TNC.
  • Click Continue.
  • Screenshot of Employee Deision to take or not take action to resolve TNC

    NOTE: If you indicate that the employee will take action to resolve the TNC, the employee’s has 8 federal government working days from when you click Continue to visit SSA and/or call DHS.

EMPLOYEE WILL TAKE ACTION TO RESOLVE TNC:
  • Download and print the Referral Date Confirmation, attach a copy to the employee’s Form I-9, and provide the original to the employee.
  • The Referral Date Confirmation downloads in English by default, but may also be downloaded in Spanish.
  • To download/print in English, click Download Referral Date Confirmation.
  • To download/print in Spanish, click the down-arrow next to English and select Spanish, then click Download Referral Date Confirmation.
  • Click Continue.
  • Screenshot of Employee Decsion to take or not take action to resolve TNC dropdown English or Spanish

     

NOTE: If the employee cannot read, you must read the Referral Date Confirmation to the employee. Provide employees who do not speak English as their primary language or have a limited ability to read or understand the English language, with a translated version of this confirmation in the appropriate language. Additional languages are available, in Other Resources under Resources/View Essential Resources in E-Verify.

IMPORTANT: If you determine information in the case is incorrect and the case should be closed, select the option indicating the employee will not take action. The case will receive a Final Nonconfirmation result and you will be prompted to close the case. Once you click Close Case, you may select an option indicating you are closing the case because information was entered incorrectly. Close the case only after E-Verify provides a final case result or if you no longer need to continue to confirm the employment eligibility of the employee.

IF EMPLOYEE WILL NOT TAKE ACTION TO RESOLVE THE TNC:
  • Confirm that you selected the correct option.
  • Screenshot of Employee decision not take action to resolve TNC
  • Click Continue to close the case.
  • Click Cancel to return to the previous screen.

    NOTE: If you click Continue to close the case, E-Verify displays an updated case status of Final Nonconfirmation.

  • Screenshot of Final Nonconfirmation Close case
  • Click Close Case.

    NOTE: See Section 4.1 Close Case – Process Overview for additional guidance on closing a case that received a Final Nonconfirmation result.

SSA and/or DHS have 10 federal government working days from the date the case was referred to update the case result in E Verify. Check E-Verify periodically for an update in the case result. A case referred to SSA or DHS is updated with one the following results:

  • EMPLOYMENT AUTHORIZED, Section 3.1
  • VERIFICATION IN PROCESS, Section 3.2
  • CASE IN CONTINUANCE, Section 3.4
  • CLOSE CASE AND RESUBMIT, Section 3.5
  • FINAL NONCONFIRMATION, Section 3.6

Each case result requires different actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.

CONFIRM EMPLOYEE DECISION AND REFER CASE SUMMARY

EMPLOYER ACTION
  • Take next steps in E-Verify based on the employee’s decision to take action or not regarding the TNC.
  • If employee decides to take action, refer the case.
  • If referred:
    • Print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9
    • Check E-Verify for case result updates and follow steps based on case result provided.
  • If the employee decides not to take action, close the case.
EMPLOYEE ACTION
  • Take next steps based on decision to take action or not
  • If referred, visit a SSA field office and/or contact DHS within 8 federal government working days and present the Further Action Notice and applicable original documents listed on the Further Action Notice
  • Follow SSA or DHS instructions or next steps
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3.4 Case In Continuance

3.4 Case In Continuance

A Case in Continuance status indicates that the employee has visited an SSA field office and/or contacted DHS, but more time is needed to determine a final case result. The reason SSA or DHS needs more time varies with each situation. Employers should check E-Verify periodically for case result updates. The employer may not terminate or take adverse action against an employee because of the TNC while SSA or DHS is reviewing the employee’s case.

Screen shot of E-Verify Case in Continuance screen.

Once SSA or DHS has updated E-Verify, the case will have one of the following results:

  • EMPLOYMENT AUTHORIZED, Section 3.1
  • VERIFICATION IN PROCESS, Section 3.2
  • CLOSE CASE AND RESUBMIT, Section 3.5
  • FINAL NONCONFIRMATION, Section 3.6

Each case result requires its own actions or steps for employers to continue or close the case. These actions are outlined in each case result section throughout this manual.

NOTE: If a case has had a SSA or DHS Case in Continuance result for more than 60 federal government working days, contact E-Verify Contact Center at 888-464-4218 or E-Verify@dhs.gov.

SSA or DHS CASE IN CONTINUANCE SUMMARY

EMPLOYER ACTION
  • Check E-Verify for case result updates and follow steps based on case result provided
EMPLOYEE ACTION
  • None
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3.5 Close Case And Resubmit

3.5 Close Case And Resubmit

Your employee’s case may receive a Close Case and Resubmit case result if SSA and/or DHS are unable to process the case and confirm employment eligibility. The employer should close the case in E-Verify and create a new case. When the user clicks Close and Create a New Case, the case is automatically closed and E-Verify opens a new case for the user to begin entering the employee’s information from Form I-9.

Screenshot of Resubmit this Case

CLOSE CASE AND RESUBMIT SUMMARY

EMPLOYER ACTION
  • Receive Close Case and Resubmit Case Result
  • Click Close and Create a New Case
  • Create new case
EMPLOYEE ACTION
  • None
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3.6 Final Nonconfirmation

3.6 Final Nonconfirmation

A case receives a Final Nonconfirmation case result when E-Verify cannot confirm an employee’s employment eligibility after:

  • The employee has visited a SSA field office and/or contacted DHS during the TNC referral process, OR
  • The employee failed to visit SSA and/or call DHS within 8 federal government working days.

Employers must close the case once a case receives a Final Nonconfirmation result. The employer may terminate employment based on a case result of Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 13 of the MOU.

Screenshot of E-Verify's close case prompt indicating Final Nonconfirmation

FINAL NONCONFIRMATION SUMMARY

EMPLOYER ACTION
  • Receive Final Nonconfirmation case result
  • Close case
EMPLOYEE ACTION
  • None
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4.0 Case Resolution

4.0 Case Resolution

To complete the E-Verify case process, every case must receive a final case result and then be closed. E-Verify guides you through the process after you receive a final case result.

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4.1 Close Case

4.1 Close Case

To properly complete the E-Verify process, employers must close every case they create, except for cases that result in Employment Authorized, which E-Verify will automatically close. Follow the steps outlined in the Close Case – Process Overview.

CLOSE CASE – PROCESS OVERVIEW

IF THE CASE RESULT IS EMPLOYMENT AUTHORIZED:
  • E-Verify automatically closes the case. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.
  • Record the E-Verify Case Number on the employee’s Form I-9 or attach a copy of the case details page to the Form I-9.
  • This completes the E-Verify process for this case.
IF THE CASE RESULT IS FINAL NONCONFIRMATION:
  • Click Close Case.

Close Case Final Nonconfirmation

  • Select the statement indicating whether or not you will continue to employ this individual.

Screenshot Close Case select employment status

  • If you select the option indicating you will continue to employee this individual, you must provide the reason why. Type the reason in the text box provided.

Screenshot Close Case continued employment

  • If you select the option indicating that neither of the above applies and you are closing this case for a different reason, you must select the reason you are closing the case.

Screenshot Close Case continued employment incidcating neither options above apply

  • If Other is selected as the reason, you must type the reason in the text box provided.

Screenshot Close Case continued employment Neither of the options above apply, why

  • After you’ve typed a reason, click Close Case.
  • E-Verify displays an alert indicating the case was successfully closed.
  • Record the E-Verify Case Number on the employee’s Form I-9, or click the link to View/Print Case Details and attach a copy of the case details page to the Form I-9.
  • Click Create New Case to create a new case or click Continue to be redirected to view all your cases.

Screenshot Close Case indicating create new case

IF THE CASE RESULT IS CLOSE CASE AND RESUBMIT:
  • Click Close and Create New Case.

Screenshot Resubmit this Case indicating close and create new case

  • This case will be automatically closed and E-Verify will open a new case so you can enter the employee’s information from Form I-9 and create a new case.
  • This completes the E-Verify process for the first case.

Every case created in E-Verify must be closed. Some E-Verify case results require employers to provide additional information. When prompted, select the most appropriate statement displayed and type additional information when requested. E-Verify only presents statements that are relevant to each case because not all of the case closure reasons apply to every situation.

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4.2 Case Alerts And View/Search Cases

4.2 Case Alerts And View/Search Cases

Case alerts are found at the bottom of the home page when a user logs in to E Verify. The alerts bring attention to cases that need action and provide the following information:

  • Open Cases to be Closed
  • Cases with New Updates
  • Work Authorization Documents Expiring

The E-Verify home page indicates the number of cases that require attention by a number in a red circle on the alert. Cases needing attention can be accessed by clicking on the alert or through View Cases and Search Cases from the navigation menu in E-Verify. Follow the steps outlined in the Case Alerts and View/Search Cases - Process Overview to use the case alerts feature.

CASE ALERTS AND VIEW/SEARCH CASES – PROCESS OVERVIEW

  • E-Verify user homepage display with no case alerts.

E-Verify Homepage

  • E-Verify user homepage display with case alerts.

E-Verify Homepage with case alerts

  • Click on the alert requiring your attention to access your case alert(s).
CASE ALERTS CAN ALSO BE ACCESSED:
  • From the E-Verify Home Page, click the drop-down arrow next to Cases and select View Cases or Search Cases. Both screens offer the same search features to locate existing cases in E-Verify.

Cases Dropdown Menu

  • The View/Search Cases screen displays open cases by default. Click the button next to a different case status on the left side of the screen to display and search for cases with a different status.
  • To view and search cases created during a specific time period, type the begin date in the From field and type the end date in the To field under the Date Submitted section.
  • Press Enter to display search results.

View and Search  Cases Screen Capture

  • Click Clear Filters to remove dates entered under the Date Submitted section. E-Verify displays open cases by default.
  • You may further narrow the search by entering an identifier in the Search By field. Click the drop-down arrow next to Search By and select one of the following options:
  • Last Name
  • First Name
  • Case Verification Number
  • Alien Number
  • Social Security Number
  • I-94 Number
  • Passport Number
  • Type the corresponding name or number in the Search By text box.
  • Press Enter to view cases containing the criteria you entered.
  • Displayed cases can be sorted by Case Number, Case Status, Date Hired, or Last Name. Click the drop-down arrow next to Sort by on the right side of the screen and select the category you wish to sort.

NOTE: If there are more cases than the screen can display, you will see blue arrows on the bottom right side of the screen. Click the right pointing arrow to page through all cases with the criteria you specified. Click the left pointing arrow to page back to the beginning of the list.

  • To remove criteria entered in the Search By field, click in the text box where you entered a name or number and delete the information entered, then press Enter.
  • Once you locate your case, click anywhere in the box containing the case information to open and continue processing the case.

View and Search  Cases Screen Capture

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4.2.1 Open Cases To Be Closed

4.2.1 Open Cases To Be Closed

Any E-Verify case assigned a case verification number must be closed. The Open Cases to be Closed case alert provides quick access to all cases that must be closed.

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4.2.2 Cases With New Updates

4.2.2 Cases With New Updates

The Cases with New Updates case alert is a quick link to all cases that have had a change in case result. This case alert is an easy way to manage these cases.

View Cases with new updates

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4.2.3 Work Authorization Documents Expiring

4.2.3 Work Authorization Documents Expiring

The Work Authorization Docs Expiring case alert is a notification that an employee's Employment Authorization Document (Form I-766) or Arrival-Departure Record (Form I 94) document is expiring. This alert is intended as a reminder to reverify the employee by completing Section 3 of Form I-9. However, E-Verify should not be used for reverification, so do not use E-Verify to create a new case.

Because this is simply a reminder, no action is required or permitted in E-Verify. You may dismiss each alert by clicking Dismiss Alert.

This alert will only appear if the document the employee presented for the original E Verify case was either an Employment Authorization Document (Form I-766) or an Arrival-Departure Record (Form I-94). The alert will appear in E-Verify 90 days prior to expiration. Also, the alert only appears when the Form I-766 or Form I-94 used for the E-Verify case expires—subsequent expiration dates will not activate another case alert.

NOTE: If you have employees who are Temporary Protected Status (TPS) beneficiaries who provided a TPS-related EAD when they first started working for you, you will receive a ‘‘Work Authorization Documents Expiring’’ case alert when the autoextension period for this EAD is about to expire. This alert indicates that at the end of the autoextension period, employment authorization must be reverified in Section 3 of Form I-9. Employers should not use E-Verify for reverification.

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5.0 Case Reports

5.0 Case Reports

There are five types of case reports available in E-Verify for persons or entities who are enrolled as employers. These include: Corporate Overview of Pilot Usage, Duplicate Case Report, Historic Records Report, Quick Audit Report, User Audit Report, and User Report. This section provides information on these reports and how to create them in E-Verify.

Note: Reports display only the last four digits of an employee’s Social Security number for added security and to protect employees’ privacy.

A description of each report is provided in the Reports – Overview.

REPORTS – OVERVIEW

  • Corporate Overview of Pilot Usage - This report displays the number of cases created by the employer within a federal government fiscal year, which begins Oct. 1 and ends Sept. 30 of the following calendar year. If the employer has not created any cases during the fiscal year, a report will appear with a total of zero. The report is available to corporate administrators and program administrators.
  • Duplicate Case Report - This report displays cases that were determined to be a duplicate of cases created in E-Verify with the same Social Security number. If your company has not created any duplicate cases, a report will appear with no rows. This report is available to corporate administrators and program administrators.
  • Historic Records Report - This report provides case data about each resolved case that is 10 years or older. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as Social Security number or document number. This report is available to corporate administrators and program administrators for 3 months in the fall of each year.
  • Quick Audit Report - This report provides case data about each case that matches the user-entered search criteria in the .csv file format. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as SSNs or document numbers. This report was designed to satisfy the requirement of employers to report their E Verify activity to federal, state, or local government entities. Users should note that this report may contain up to 5,000 rows and is populated with the city and state that is associated with their account. This report is available to corporate administrators and program administrators.
  • User Audit Report - This report provides summary case information about each case that matches the user criteria entered. The case information includes the case verification number, date the case was submitted, last four digits of the employee’s SSN, Alien Number, Form I-94 number, last name, first name, case result, referral information and case closure statement. The report is available to program administrators and general users.
  • User Report - This report displays a detailed list of the employer's users. It includes each user’s name, user role, contact telephone number and the last date he or she logged in to E Verify. The report is available to program administrators and general users, but a general user cannot view user information of other users.

To create a report, see the Reports Process Overview.

REPORTS PROCESS OVERVIEW

  • Select View Reports from Reports.

Reports Dropdown menu

  • Select the report you want to create from the options available. A description of the report is provided on the Select a report screen.

Select a Report

  • Click Next.
  • Determine your search criteria and click Run Report.
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6.0 Account Administration

6.0 Account Administration

User account administration provides individual users specific functions and permissions to update their accounts, change their passwords and perform other functions explained in this section.

It is important to distinguish that the user account functions are different for each user role.

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6.1 Overview Of User Roles

6.1 Overview Of User Roles

Enrolled employers can assign their users with different permissions and functions, depending upon the user’s role. There are two types of users: program administrators and general users. Program administrators provide support for the general user and manage the company profile. Employers are required to have at least one program administrator, and can have as many program administrators as they choose.

General users are only able to create and manage cases. Employers are not required to have general users, but can have as many general users as they choose.

General users and program administrators must successfully complete the online E Verify tutorial before they can create or manage cases. Review the permissions of each user role in the User Role Overview below.

USER ROLE - OVERVIEW

User Role Permissions
Program Administrator (at least one required)

Every E-Verify account must have at least one program administrator. The program administrator is responsible for following all E Verify program rules and staying informed of changes to E Verify policies and procedures.
The program administrator role includes functions of a general user.

Permissions include:

  • Registering new users
  • Creating user accounts for other program administrators and general users
  • Creating and managing cases
  • Viewing reports
  • Updating profile information for other program administrators general users, and themselves
  • Unlocking user accounts
  • Closing company and user accounts
General User (optional)

Employers can have as many or no general users as they desire. The general user is responsible for following all E Verify program rules and staying informed of changes to E Verify policies and procedures.

Permissions include:

  • Creating and managing cases
  • Viewing reports
  • Updating their own profile
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6.2 User ID and Password Creation

6.2 User ID and Password Creation

Program administrators can add users in E-Verify. Upon being initially registered by the program administrator, users receive an email with a user ID and initial password. E-Verify will prompt users to change the initial password for security purposes. Users must not share their passwords with other users. Each user must have his or her own user ID and password.

Passwords are case-sensitive and must be between 8-14 characters, different from the assigned user ID, changed every 90 days, and have the following characteristics:

  • At least one uppercase or lowercase letter
  • At least one number and at least one special character - special characters include: ! @ $ % * ( ) < > ? : ; { } + - ~
  • Contain no more than two identical and consecutive characters in any position from the previous password
  • Contain a non-numeric in the first and last positions

Additionally, passwords should not:

  • Contain any dictionary word
  • Contain any proper noun or the name of any person, pet, child or fictional character, nor any employee ID number, Social Security number, birth date, phone number or any information that could be readily guessed about the creator of the password
  • Contain any simple pattern of letters or numbers, such as “qwerty” or “xyz123”
  • Contain any word, noun or name spelled backwards

An example of an acceptable password is found in the Password Example.

PASSWORD EXAMPLE

This is an acceptable password: IL!keH2o

  • At least 8 characters in length
  • An uppercase letter
  • A lowercase letter
  • A special character
  • A number
  • E-Verify automatically prompts users to create a new password every 90 days. However, users who think their password has been compromised should change it immediately. The new password cannot be the same as any of the last six passwords.

After creating a new password, E-Verify will prompt users to confirm their email address and telephone number, and provide updates, if necessary.

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6.2.1 Unlock User ID

6.2.1 Unlock User ID

To comply with federal security guidelines, USCIS is required to lock any user ID that has not been accessed within the past 270 days. A locked user ID will not affect your E-Verify enrollment or the data in your E-Verify account.

Additionally, if a user attempts to log in with an incorrect password three consecutive times, the user is locked out of E Verify. E-Verify users can unlock their user ID by answering the security questions associated with the account. Users may also contact their program administrator for assistance.

Important

If you forget your user ID, you may retrieve it by using the Forgot your User ID? link and providing your email address when prompted. However, if you have more than one user ID associated with your email address and phone number, you must contact program administrator for assistance.

If you forget your user ID, you may retrieve it by using the Forgot your User ID? link and providing your email address and phone number when prompted. However, if you have more than one user ID associated with your email address and phone number, you must contact E-Verify Customer Support at 888-464-4218 for assistance.

If you are unsuccessful at resetting your password, contact your program administrator.

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6.2.2 Change Your Password

6.2.2 Change Your Password

Users who suspect their password was compromised should change it immediately. To change a password, follow the steps in the Change Password – Process Overview.  

CHANGE PASSWORD - PROCESS OVERVIEW

  • From Profile, select Change Password.

Change Password Dropdown

  • Enter Old and New Passwords page will display.
  • Type current password in the Old Password field.
  • Type new password in the New Password field.
  • Retype new password in the Re-Type New Password field. The new password cannot be the same as any of the last six passwords.

Enter Old and New Passwords

  • Click Submit Password Change.
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6.2.3 Change Security Questions

6.2.3 Change Security Questions

Users can set security questions to allow them to reset their passwords. When a user logs into his or her E-Verify account for the first time, E-Verify will automatically prompt the user to complete these questions. Users who need to change their security questions should follow the steps in Change Security Questions – Process Overview.

CHANGE SECURITY QUESTIONS - PROCESS OVERVIEW

  • From Profile, select Change Security Questions.

Change Security Questions

  • Select a question from the drop down list and enter the answer in the field below. Fields with a red asterisk (*) are required fields.

Enter Password Challenge Questions and Answers

  • Click Submit. A confirmation message will be displayed.
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6.3 Update User Profile Information

6.3 Update User Profile Information

All E-Verify users have a profile that includes their name, telephone number, fax number, and email address. Users should update this information whenever necessary using the Edit Profile link. To update this information, follow the steps outlined in the Edit Profile – Process Overview.

EDIT PROFILE - PROCESS OVERVIEW

  • From Profile, select Edit Profile.

Edit Company Profile

  • Add information or edit fields as necessary. Fields with a red asterisk (*) are required fields.
  • Click Submit. A confirmation message and the user’s profile information will be displayed.

Enter User Profile Information

  • Review the confirmation message to see whether the request for profile updates was successful. If E-Verify is unable to process the user profile updates, try again later.

Screenshot User Profile Information Updated Successful

  • If the profile change was successful, Click Close.
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7.0 Company – Program Administrators

7.0 Company – Program Administrators

Program administrators manage the site administration of their E-Verify employer account. Program administrators use the Company menu to:

  • Add general users
  • Add other program administrators
  • Change or update company profile information
  • Request termination of participation in E-Verify
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7.1 Add New User

7.1 Add New User

Only program administrators can add E-Verify users. To add a user, the program administrator must provide the user’s name, phone number, fax number (optional) and email address.

If a user leaves the employer or no longer needs access to E-Verify, a program administrator must delete the user’s account. To delete a user’s account, see Delete User Account – Process Overview in Section 7.2.2.

Program administrators who need to add a new E-Verify user should see Add New User - Process Overview.

ADD NEW USER – PROCESS OVERVIEW

  • From Company, select Add New User.

Add New User Dropdown

  • Choose general user or program administrator and provide the person’s name, phone number, fax number (optional) and email address and click Next.

Add New User

  • Accept the system-generated user ID or create a new user ID.

Accept the system-generated user ID or create a new user ID.

  • Review the information and then click Submit New User.
  • New users will receive their user ID and password by email.

NOTE: Most new users receive a confirmation email from E-Verify within a few minutes and should check their email inbox as well as spam or junk mail folders. If the email is not received within 48 hours, call E-Verify Contact Center at 888-464-4218 for assistance.

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7.2 View Existing Users

7.2 View Existing Users

Only program administrators can view user information and reset passwords. View Existing Users allows program administrators to view, search and maintain the general users and program administrators assigned to the company, as demonstrated in the View Existing Users – Process Overview.

VIEW EXISTING USERS – PROCESS OVERVIEW

  • From Company, select View Existing Users.

View Existing User Dropdown

  • Search for a user using the criteria displayed in each field. You can enter a partial name and a percent sign (%) as a wildcard character.

Enter User Search Criteria

  • Click Search.
  • This displays a list of user accounts. You can view or modify a user account by selecting the user ID link.

User Summary List

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7.2.1 Reset User’s Password

7.2.1 Reset User’s Password

To reset a user’s password, follow the steps outlined in Reset User’s Password – Process Overview.

RESET USER’S PASSWORD – PROCESS OVERVIEW

  • Follow the steps in View Existing Users – Process Overview to find the user who needs his or her password changed.
  • Select the link for the appropriate User ID to display the View / Modify User Information page.

VIew/Modify User Information

  • Assign a temporary password by completing both fields under Reset User Password.
  • Click Submit.
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7.2.2 Delete User Account

7.2.2 Delete User Account

Program administrators may delete user accounts by following the steps in the Delete Users – Process Overview.

DELETE USERS ACCOUNT – PROCESS OVERVIEW

  • Follow the steps in View Existing Users – Process Overview above to find the user whose account needs to be deleted.
  • Click Delete in the row of the user’s account you wish to delete on the User Summary List page.
  • Click Delete User on the User Deletion Information page.

User Delietion Information

OR

  • Select the link for the appropriate User ID to open the View/Modify User Information page.
  • Click Delete User on the View/Modify User Information page.

Delete User from View/Modify page

In both instances, E-Verify displays the information for the user's account you want to delete. Click Delete User to delete the user’s account.

After you click Delete User, changes will be permanent.

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7.3 Edit Company Profile

7.3 Edit Company Profile

Program administrators must maintain accurate company information in the company profile. The company profile should be updated whenever there is a change in any information contained in the company profile.

To update employer information in E-Verify, complete the steps in the Edit Company Profile – Process Overview. Users may also view the MOU between E-Verify and the employer. Once a program administrator has updated the employer’s profile, he or she will be subject to the rules and requirements associated with the profile and have access to all online resources specific to the profile.

EDIT COMPANY PROFILE – PROCESS OVERVIEW

  • From Company, select Edit Company Profile.

Edit Company Profile Dropdown

  • To update any section of the Company Information page, click View/Edit in the section you want to edit (e.g., company name and physical location, Employer Identification Number, points of contact, North American Industry Classification System (NAICS) code, total hiring sites and total points of contact).

Modify Company Information

  • Make the required changes and click Save & Continue.
  • Click View MOU to see the MOU between E-Verify and the employer. If you have trouble viewing your MOU, make sure you have disabled any pop-up blockers and are using the latest version of your PDF viewer software.

IMPORTANT: After clicking Save & Continue, the program administrator cannot undo any changes that have been entered without manually re-entering the original information.

Important

The E-Verify company ID number is located at top of the Company Information page.

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7.3.1 Company Information Fields

7.3.1 Company Information Fields

Many fields can be updated in the Company Information page. Employers should keep their company information page up-to-date. For additional information on each field, see the Company Information – Overview.

COMPANY INFORMATION OVERVIEW

FIELD NAME

DESCRIPTION

Company Name

Name of employer enrolled in E-Verify.

Physical Location

Location where the employer creates E-Verify cases.

Mailing Address

Employer’s mailing address (if this address is different from the physical location).

Additional Information

Additional information about the size of the employer and any associated corporate parent company information, if applicable.

Employer Identification Number

Also known as federal tax identification number. Generally, most employers are required to have an employer identification number and any employer that has employees is required to have one for wage and tax reporting purposes.

Parent Organization

An organization that owns or controls other organizations (sometimes called subsidiaries).

Administrator

Employers may link their employer accounts to a corporate administrator account (also called an E-Verify corporate account). This gives the employer’s corporate administrator access to its employer or E-Verify employer agent account profile, user administration and reports that contain case information. Link the account only if you have been instructed to do so by your corporate administrator.

Organization Designation

The category that identifies the employer as a federal, state or local government organization or a federal contractor with the FAR E Verify clause in their federal contract, if applicable.

Total Hiring Sites Locations where your company’s employees are hired. Typically, a hiring site is where an employee completes Form I-9.
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7.3.2 Update Points Of Contact

7.3.2 Update Points Of Contact

Every employer must have at least one person assigned as a point of contact for E Verify issues. Program administrators added during account enrollment are automatically assigned as points of contact. Employers should keep their point of contact information up-to-date. E-Verify will rely on this information if it ever needs to contact the employer. To update the point of contact information when it changes, see the Update Points of Contact – Process Overview.

UPDATE POINTS OF CONTACT – PROCESS OVERVIEW

  • From Company, select Edit Company Profile.

Edit Company Dropdown Menu

  • Click View/Edit in the Total Points of Contact section of the Company Information page to update this information. The Points of Contact Summary page opens.

Update POC Company Information

  • Click Add to add a new point of contact. Or select Edit next to the point of contact you are updating.
  • Click Next after adding the new point of contact's information or modifying an existing point of contact's information. The updated Points of Contact Summary List page will appear.
  • Click Delete to delete a point of contact. The updated Points of Contact Summary List page will appear.

Points of Contact Summary List

  • Click Save when finished updating the point(s) of contact information. This brings the program administrator back to the Company Information page.
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7.3.3 Update North American Industry Classification System (NAICS) Information

7.3.3 Update North American Industry Classification System (NAICS) Information

The NAICS code classifies employers by industry. The employer selects the NAICS code during enrollment. If the employer’s industry classification has changed, this should be updated in the E Verify company profile.

To update the NAICS code, follow the Update NAICS Code - Process Overview.

UPDATE NAICS CODE – PROCESS OVERVIEW

  • From Company, select Edit Company Profile.

Edit Company Profile Dropdown

  • Click View/Edit in the NAICS section of the Company Information page.

Update NAICS Code

  • The NAICS Code page displays the NAICS code entered when your company was enrolled in E Verify.

Enter NAICS Code

To update the NAICS Code field:

  • Enter the new three-digit NAICS code.
  • Click Accept NAICS Code.
  • If you don't know the new number, follow the steps below to search available codes.

To determine the employer's NAICS code:

  • Click Generate NAICS Code.
  • Select the appropriate Sector from the drop-down list. Click Continue NAICS Code.

Enter NAICS Code - Selector Continue NAIC'S Code

  • Select the appropriate Subsector from the drop-down list. Click Accept NAICS Code.

Enter NAICS Code - Selector Accept NAIC'S Code

  • As you proceed from page to page, the corresponding NAICS code appears in the NAICS Code field.
  • Once you have accepted the final subsector, the Company Information page appears.
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7.3.4 Update Hiring Site(s)

7.3.4 Update Hiring Site(s)

A hiring site is the location where employees are hired and they complete Form I-9. Program administrators can modify the number of hiring sites that participate in E-Verify in each state. A participating hiring site means that an employer will create an E-Verify case for every newly hired employee who is hired and completes a Form I-9 at that site.

The Company Hiring Sites page shows the states where the employer has hiring sites and the number of hiring sites for each state. Program administrators have the option to add hiring sites for a new state, edit the number of hiring sites in a state where the employer currently has participating hiring sites, or delete a state from the hiring site list. To add a new state where the employer will have participating hiring sites, see the Add New State Hiring Site - Process Overview.

ADD NEW STATE HIRING SITE – PROCESS OVERVIEW

  • From Company, select Edit Company Profile.

Edit Company Dropdown Menu

  • Click View/Edit in the Total Hiring Sites section of the Company Information page.

Company Info page View/Edit Totaly Hiring Sites

  • Click Add to add participating hiring sites for a new state. Select the state from the drop-down list. Enter the number of hiring sites, then click Add Site.
  • To edit the number of participating hiring sites in a state where the employer currently has hiring sites, click Edit next to the state whose number of hiring sites you wish to edit. Change the number of hiring sites, and then click Modify Site.
  • To delete a state from the company’s hiring site list, click Delete next to the state you want to remove. Confirm that you want to remove the state and all of its hiring sites by selecting Delete Site.
  • Click Next to submit modifications and return to the Company Information page.

Company Info page View/Edit Totaly Hiring Sites

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7.3.5 View Memorandum Of Understanding (MOU)

7.3.5 View Memorandum Of Understanding (MOU)

Program administrators may view the MOU between E-Verify and the employer. To view the MOU, follow the steps outlined in the View MOU - Process Overview.

VIEW MOU – PROCESS OVERVIEW

  • From Company, select Edit Company Profile.

Edit Company Profile Dropdown Menu

  • From the Company Information page, click View MOU at the bottom of the screen.

View MOU

  • The MOU that was electronically signed for that employer will appear in a new window. If the MOU does not load, ensure that your pop-up blocker is disabled.

IMPORTANT: The MOU is automatically updated when employers update their company information in E-Verify. Employers who need to provide proof of their enrollment in E-Verify may also print a copy of their company’s information page which will reflect any changes and updates to their information.

REMINDER
  • Employers should update their E-Verify account information to reflect any changes.
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7.4 Terminate Company Participation

7.4 Terminate Company Participation

Participation in E-Verify may be terminated voluntarily by employers. To terminate participation, a program administrator, corporate administrator, the signatory of the MOU, or an authorized employer representative must submit a termination request no later than 30 days in advance of the date the employer would like to close its account. Employers may request termination electronically through E-Verify (see Terminate Company Account – Process Overview) or by submitting a written termination notice by email to E-Verify@dhs.gov. E-Verify employer agents should review the Supplemental Guide for E-Verify Employer Agents for more information on company account termination.

During this 30-day period, employers must resolve all open cases in E-Verify, and they must not use E-Verify to create new cases. Employers are required to close all open E-Verify cases, even after the request to terminate the E-Verify account is made.

IMPORTANT: Once an account is terminated, employers will no longer have access to their account and associated records. To preserve the records from an E-Verify account, see Section 5.0 to create and retain a user audit report before the account is terminated. E-Verify case information and documentation must be retained for your employees for the same length of time as their Forms I-9.

To request termination of employer participation in E-Verify, perform the steps outlined in Terminate Company Account – Process Overview.

TERMINATE COMPANY PARTICIPATION – PROCESS OVERVIEW

  • From Company, select Close Company Account.

Close Company Account Dropdown

  • Type the reason for closing the account in the Termination Request Reason field.

Termination Request Information

  • Click Request Termination.
  • A message will appear informing you that E-Verify has been notified of your request to terminate participation in the program.
  • You will receive an email confirming that your account is terminated in 30 days.
REMINDER
  • Employers with more than one E-Verify employer account must make separate requests to terminate each employer account it wants terminated in order for them to all be closed.

Important

Employers who submitted a termination request by mistake should contact the E-Verify Contact Center at 888-464-4218 for assistance.

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8.0 Resource And Contact Information

8.0 Resource And Contact Information

The E-Verify public website is the primary resource for all E-Verify information, but do not hesitate to contact us via phone or email. For easy access to online resources, USCIS suggests that employers bookmark or save the websites as favorites for easy access to them in the future.

E-VERIFY RESOURCES

URL

E-Verify Public Website

  • General information about E-Verify
  • Program information and statistics
  • Frequently asked questions
  • E-Verify user manuals
  • E-Verify quick reference guides
  • Information about employee rights and employer obligations

www.e-verify.gov

E-Verify Enrollment Application

  • Website for initial employer enrollment

https://e-verify.uscis.gov/enroll

E-Verify Access for Employers and Corporate Administrators

  • User access to E-Verify

https://e-verify.uscis.gov/emp

E-Verify Access for E-Verify Employer Agents

  • User access to E-Verify

https://e-verify.uscis.gov/esp

E-VERIFY CONTACT INFORMATION

The E-Verify Contact Center is available to assist you with using E-Verify, password resets, cases and technical support. We can also answer your questions about E-Verify policies and procedures, Form I-9 and employment eligibility. We are available Monday through Friday, from 8:00 a.m. to 8:00 p.m. ET., except when the federal government is closed. For users with hearing and speech impairment, TTY phone is available from 8:00 a.m. to 5:00 p.m. ET.

For E-Verify Employer Agents

Phone: 888-464-4218

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-VerifyEmployerAgent@dhs.gov

For Clients

Phone: 888-464-4218

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-Verify@dhs.gov

For Employees

Phone: 888-897-7781

Phone (TTY - For hearing and speech impaired users): 877-875-6028

Email: E-Verify@dhs.gov

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER)

IER is available to answer your questions about immigration-related employment discrimination, including discrimination based on citizenship status, immigration status or national origin in the Form I-9 and E-Verify processes.

For Employers

Phone: 800-255-8155

Phone (TTY - For hearing and speech impaired users): 800-237-2515

Email: ier@usdoj.gov

Website: http://www.justice.gov/ier

For Employees

Phone: 800-255-7688

Phone (TTY - For hearing and speech impaired users): 800-237-2515

Email: ier@usdoj.gov

Website: http://www.justice.gov/ier

ymbenadada Fri, 02/02/2018 - 21:54
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Appendix A: Acronyms

Appendix A: Acronyms
Acronym Definition
DHS U.S. Department of Homeland Security
DOS U.S. Department of State
FAR Federal Acquisition Regulation
IER U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section
IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act of 1996
INA Immigration and Nationality Act of 1952
IRCA Immigration Reform and Control Act of 1986
MOU Memorandum of Understanding
NAICS North American Industry Classification System
PDF Portable Document Format
SSA Social Security Administration
SSN Social Security number
TNC Tentative Nonconfirmation
USCIS U.S. Citizenship and Immigration Services

 

ymbenadada Fri, 02/02/2018 - 21:55
Last Reviewed/Updated:

Appendix B: Glossary

Appendix B: Glossary ymbenadada Fri, 02/02/2018 - 21:56

Documents designated for determining employment eligibility and identity under the Immigration and Nationality Act (INA) are listed on Form I-9 and in the Handbook for Employers (M-274) found at http://www.uscis.gov/i-9-central/handbook-employers-m-274. Employees have the right to choose which document or combination of documents to present. Any List B document presented to an employer participating in E-Verify must contain a photograph.

The I-94 number is an 11-digit number that is found on the Arrival-Departure Record (Form I-94 or Form I-94A).

An individual who is not a citizen or national of the United States. “Foreign national” is a synonym and used outside of statutes when referring to noncitizens of the U.S.

A noncitizen who is allowed to work because of his or her immigration status or a noncitizen who is granted work authorization by U.S. Citizenship and Immigration Services.

A unique seven-, eight- or nine-digit number assigned to noncitizens at the time their A-file is created. The nine-digit U.S. Citizenship and Immigration Services number listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010, is the same as the Alien Registration Number. The A-Number can also be found on the back of these Permanent Resident Cards.

The anti-discrimination notice is published by the Department of Justice, Immigrant and Employee Rights (IER) Section, and provides information to employees concerning discrimination in the workplace. The E-Verify memorandum of understanding (MOU) requires participating employers to clearly display the notice in English and Spanish. Employers may also display the posters in other languages provided by DHS. This notice is available in the View Essential Resources section of E-Verify. For questions about discrimination during the employment eligibility verification process, employers may contact IER at 800-255-8155 or 800-237-2515 (TTY) or visit IER’s website at http://www.justice.gov/ier.

A document issued to noncitizens when admitted into the United States. Some of these forms are stamped to indicate work-authorized status.  Form I-94 or I-94A contains an 11-digit admission number that may be used as part of the initial E-Verify case if the noncitizen employee does not have an Alien Registration Number.

This response is given if the Social Security Administration (SSA) or the U.S. Department of Homeland Security (DHS) needs more than 10 federal government working days to provide a final case result. The employer may not terminate or take adverse action against an employee because of the TNC while SSA or DHS is reviewing the employee’s case.

This response is given if the user abandons a case after the Check Information screen or the photo matching screen appears. The user will need to continue the case or close it.

A unique number assigned to each E-Verify case that is created when an employer submits an initial verification. Employers participating in E-Verify are required to record the case verification number on the employee’s Form I-9 or to print the screen containing the case verification number and attach it to the employee’s Form I-9.

An individual or company that hires an E-Verify employer agent to create cases on their behalf.

The step in the verification process when either a final result has been provided or the user no longer needs to continue the verification and the case is ready to be closed.

This case result means SSA or DHS needs the case to be closed and the employer should create and submit another case. This result may be issued when the employee’s U.S. Passport, Passport Card, or Driver’s License information is incorrect.

The E-Verify company ID number has 4 to 7 digits and is located on each page of the memorandum of understanding (MOU), directly below the E-Verify logo. Program administrators may also obtain the company ID number from the Company Information page in E-Verify under Edit Company Profile.

Corporate administrator access is used only for managing multiple employer accounts and doesn’t allow corporate administrator users to create and manage E-Verify cases. New corporate administrators must attend a free, regularly scheduled web-based training session before their accounts are activated.

A response received when the employee did not contact the U.S. Department of Homeland Security (DHS) to resolve his or her case and 10 federal government workdays have passed since the date of referral. The ‘DHS No Show’ result is considered a final nonconfirmation.

A case result of “DHS Verification in Process” means that the employee’s information did not match U.S. Department of Homeland Security (DHS) records. The case is automatically referred to DHS for further verification. DHS responds to most of these cases within 24 hours, but has up to three federal government workdays to respond. Employers should check the system periodically for response.

Type of document(s) presented by an employee to verify identity and employment eligibility.

E-Verify is an Internet-based program in which the employment eligibility of newly hired employees and existing employees assigned to a covered federal contract will be verified after Form I-9 has been completed. This involves separate verification checks (if necessary) of records maintained by the Social Security Administration (SSA) and the U.S. Department of Homeland Security (DHS).

An individual or company that performs E-Verify cases on behalf of employers, formerly referred to as a designated agent.

The E-Verify Participation Notice informs current and prospective employees that a company is participating in the E-Verify Program. The memorandum of understanding (MOU) requires participating employers to display both the English and Spanish versions of the notice in a prominent place that is clearly visible to current and prospective employees.

A document issued to noncitizens that are authorized to work in the United States.

This is a case result received in E-Verify when the information entered for an employee matches Social Security Administration (SSA) or U.S. Department of Homeland Security (DHS) records. This result indicates employment eligibility has been verified.

The form employers are required to complete with an employee when they hire an employee to perform labor or services in return for wages or other remuneration.  This requirement applies to all employees hired after November 6, 1986.

A notice generated from E-Verify that the employer must give to an employee whose E-Verify case receives a Tentative Nonconfirmation (TNC). Employees who decide to take action on the TNC must contact or visit the appropriate agency within 8 Federal Government working days with this notice to initiate resolution of the E-Verify case.

This user type creates cases, views reports and can update his or her user profile.

Provides detailed instructions on how to complete and retain Form I-9.

Hire Date is also known as the employee’s first day of employment. Please see Employee’s First Day of Employment for more information.

A hiring site is the location where employees are hired and complete Form I-9. It can also be the verification location if cases are created in E-Verify at the same location.

Public Law 104-208 enacted on September 30, 1996 required the Immigration and Naturalization Service to conduct three types of employment authorization verification pilot programs. The ‘basic pilot program’ was one of the three programs and is the only program still in existence. The ‘basic pilot program’ exists today as E-Verify.

Created by Immigration Reform and Control Act of 1986 (IRCA), the Immigrant and Employee Rights Section (IER), within the Civil Rights Division of the U.S. Department of Justice, enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 USC 1324b, which prohibits discrimination in hiring and discharging based upon citizenship or immigration status and national origin, and discrimination during the employment eligibility verification process, which includes Form I-9 and E-Verify. 

Public Law 82-414 enacted on June 27, 1952 which, along with other immigration laws, treaties and conventions of the United States, relates to the immigration, temporary admission, naturalization and removal of noncitizens.

Public Law 99-603 enacted on November 6, 1986 sought to eliminate employment opportunity as a key incentive for illegal migration to the United States. IRCA mandates that all U.S. employers verify the employment eligibility and identify of all new hires through completion of the Form I-9. It provides remedies to employees and sanctions against employers who knowingly hire undocumented workers or discriminate against employees based on citizenship or immigration status or based on national origin.

The results displayed in E-Verify once an employee’s information has been submitted as part of a verification case. Initial case results include ‘Employment Authorized,’ ‘Tentative Nonconfirmation (TNC)’ and ‘DHS Verification in Process.’

A noncitizen who has been lawfully granted the privilege of residing and working permanently in the United States.

A legal document describing a bilateral or multilateral agreement between/among parties. It constitutes a legally binding contract when properly executed (i.e., signed) by all the parties. Employers who participate in E-Verify must sign the E-Verify MOU, the agreement between the employer, the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) that sets the terms of conditions of participation in the program.

Persons born in American Samoa; certain former citizens of the former Trust Territory of the Pacific Islands who relinquished their U.S. citizenship acquired under section 301 of Public Law 94-241 (establishing the Commonwealth of the Northern Mariana Islands) by executing a declaration before an appropriate court that they intended to be noncitizen nationals rather than U.S. citizens; and certain children of noncitizen nationals born abroad.  Generally, noncitizen nationals are American Samoans.

Any travel document issued by a competent authority showing the bearer’s origin, identity and nationality, if any, which is valid for the entry of the bearer into a foreign country.

Document issued by the U.S. Department of State to U.S. citizens and noncitizen nationals.

A unique identifier that allows registered E-Verify users access to E-Verify.

Issued by the former Immigration and Naturalization Service after December 1997 and now issued by U.S. Citizenship and Immigration Services, this card is the current version given to permanent residents. The document is valid for 10 years. In the current version of the Permanent Resident Alien Card (Form I-551), the name of the document was changed from Resident Alien Card to Permanent Resident Card.

A noncitizen who has been lawfully granted the privilege of residing and working permanently in the United States.

The photo on the employee’s document matches the photo supplied by E-Verify. The photo transmitted by E-Verify should be the same (identical) photo that appears on an employee’s U.S. Department of Homeland Security (DHS) or U.S. Department of State (DOS) issued document. Employers should be able to determine whether the photos match.

During the verification case, employers match the photos on certain documents provided by employees when completing Form I-9 with the photo that appears in E-Verify. Photo matching is triggered only when an employee has provided a U.S. Passport, Passport Card, Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766) as his or her Form I-9 document.

The photo on the employee’s document does not match the photo supplied by E-Verify. The photo transmitted by E-Verify should be the same (identical) photo that appears on an employee’s U.S. Department of Homeland Security (DHS) issued document. If the employer determines that it does not match, a “DHS Tentative Nonconfirmation (TNC)” case result is issued and the employee is given the opportunity to contest the TNC.

An individual in your company who can be contacted about E-Verify issues. This person may or may not be one of the two user types.

The prohibitive practice of creating a case in E-Verify before a job offer has been accepted and Form I-9 is complete.

This user type creates user accounts at his or her site. This user can view reports, create cases, update account information and unlock user accounts.

The Referral Date Confirmation provides an employee the date by which he or she must initiate contact with SSA or DHS to resolve a Tentative Nonconfirmation (TNC). Employees have eight federal government workdays from the date of referral to visit SSA or contact DHS.

The federal government agency that administers a national program of contributory social insurance. SSA and DHS jointly manage the E-Verify program.

After an employee is advised of an SSA Tentative Nonconfirmation (TNC) and has signed the SSA TNC Further Action Notice, the employee is referred to SSA to resolve the TNC.

A case result provided by E-Verify which means that the employee information submitted to E-Verify was compared to government records and could not be verified. This does not necessarily mean that the employee is not authorized to work, or that the information provided was incorrect. The employee must visit the Social Security Administration (SSA) and/or contact the U.S. Department of Homeland Security (DHS) to resolve the discrepancy and continue employment.

The federal government agency that is responsible for international relations. DOS issues U.S. passports and passport cards. U.S. passport and passport card records are available to the U.S. Department of Homeland Security (DHS) for confirmation of employment eligibility within E-Verify.

A nine-digit number listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010 that is the same as the Alien number.  The A-number can also be found on the back of these Permanent Resident Cards (Form I-551).

An individual with a corporate administrator, program administrator or general user account assigned for use of E-Verify.

The user ID is an assigned ID with letters and numbers that identifies the user of a computer system or network. All users who create cases in E-Verify must have their own user IDs. The user ID must be eight characters and may be letters, numbers or a combination of both. A user ID is not case-sensitive.

Last Reviewed/Updated:

Table of Changes for E-Verify User Manual

Table of Changes for E-Verify User Manual

The purpose of this document is to outline the significant changes made to the E-Verify User Manual.

Section (New)

Previous Text (Rev. 05/2017)

New Text (Rev. 04/2018)

Entire Manual

contest

Take action

Entire Manual

Not contest

Do not take action

Entire Manual

modify

update

Entire Manual

E-Verify Customer Support

E-Verify Contact Center

Entire Manual

(e.g.)

(for example)

1.1

BACKGROUND AND OVERVIEW

E-Verify is an internet-based system that implements the requirements of IIRIRA by allowing any U.S. employer to electronically verify the employment eligibility of its newly hired employees.

E-Verify is an internet-based system that implements the requirements of IIRIRA by allowing any U.S. employer to electronically confirm the employment eligibility of its newly hired employees.

1.2

BASIC WEBSITE NAVIGATION

Area 3 displays Case Alerts for cases requiring action. Case alerts inform employers when an action is required. For more information on case alerts, see Section 4.2.

Area 3 displays Case Alerts that inform employers when an action is required. For more information on case alerts, see Section 4.2.

ENROLLMENT VS. REGISTRATION OVERVIEW

WHO-REGISTRATION

Program administrators register new users in E-Verify who are then able to create cases.

Program administrators register new users to create E-Verify cases.

ENROLLMENT VS. REGISTRATION OVERVIEW

HOW-REGISTRATION

Program administrators may register general users and additional program administrators at any time after completing the E-Verify tutorial and passing the knowledge test. For more information on adding new users, see Section 7.1.

After completing the E-Verify tutorial and passing the knowledge test, program administrators may register general users and additional program administrators. For more information on adding new users, see Section 7.1.

ENROLLMENT VS. REGISTRATION OVERVIEW

HOW-REGISTRATION

To participate in E-Verify, employers must enroll online via any internet-capable computer using Internet Explorer version 9 and above (recommended version 11 and above), Google Chrome version 38 and above (recommended version 44 and above), Mozilla version 34 and above (recommended version 38.1 and above), Opera version 25 and above (recommended version 30 and above) and Safari version 7 and above (recommended version 8 or above).

REMINDER

  • If you are using a non-current web browser, the browser version must support Transport Layer Security (TLS) version 1.2
  • Internet Explorer versions 11 and below have TLS 1.2 disabled by default and it will need to be enabled in Internet Options

To participate in E-Verify, employers must enroll online. You can find information about the system requirements on the E-Verify website under Enrolling in E-Verify.

ENROLLMENT VS. REGISTRATION OVERVIEW

HOW-REGISTRATION

Participating employers use E-Verify through an access method that is determined during the enrollment process. Access methods are types of E-Verify accounts that offer different features for specific types of organizations. The four access methods include: employer, E-Verify employer agent, corporate administrator and web services.

The access methods are explained in the Access Method Overview. For more information, visit the The Enrollment Process page at www.E-Verify.gov.

When employers enroll in E-Verify, they choose an access method. Access methods are types of E-Verify accounts that determine who creates and manages the employer’s E-Verify cases. The four access methods include: employer, E-Verify employer agent, corporate administrator, and web services.

The access methods are explained in the Access Method Overview. For more information, visit the Enrolling in E-Verify section at www.E-Verify.gov

ACCESS METHOD OVERVIEW

Employer

Employer plans to use E-Verify to verify its employees.

Most E-Verify participants, regardless of their business size or structure, are enrolled under the employer access method. This access method allows an employer to create cases in E-Verify for its newly hired employees and/or employees assigned to a covered federal contract

Employer plans to use E-Verify to verify its employees.

In this access method employers will create and manage their own cases directly in E-Verify. Most E-Verify participants, regardless of their business size or structure, are enrolled under the employer access method.

E-Verify Employer Agent Access

Employer agent plans to use E-Verify on behalf of its clients to verify their clients’ employees.

The E-Verify employer agent access method allows an individual or company to act on behalf of other employers to create cases in E-Verify for other employers’ newly hired employees and/or employees assigned to a covered federal contract. The E-Verify employer agent may also create cases for their own employees.

Employer agent plans to use E-Verify on behalf of its clients to verify their clients’ employees.

The E-Verify employer agent access method allows an individual or company to act on behalf of other employers to create and manage the E-Verify cases of the other employers. The E-Verify employer agent may also create cases for their own employees.

Web Services Access for Employers

-or-

Web Services Access for E‑Verify Employer Agents

Employer plans to develop its own software to access E-Verify.

The web services access method requires an employer to develop software that interfaces with E-Verify to create cases. The employer’s software will extract data from its existing system or an electronic Form I-9 and transmit the information to E-Verify. Those that choose this option receive a web services Interface Control Document (ICD) which contains the information used to develop and test the software interface. Both employers and E‑Verify employer agents are eligible to use this access method.

Employer plans to develop its own software to access E-Verify.

The web services access method requires an employer to develop software that interfaces with E-Verify to create and manage cases. The employer’s software should extract data from its existing system or an electronic Form I-9 and transmit the information to E-Verify. Employers who choose this option receive a web services Interface Control Agreement (ICA) which contains the information used to develop and test the software interface. Both employers and E‑Verify employer agents can use this access method.

Overview of User Roles

Enrolled employers can provide their users with access to E-Verify by assigning them a user role. Permissions and functions in E-Verify granted to the user depend upon the user role. There are two types of users: general users and program administrators. Review the permissions of each user role in the User Role Overview below.

General users and program administrators must successfully complete the online E‑Verify tutorial before they can create or manage cases. For more information on the specific functions of each user role, see Section 6.1.

USER ROLE OVERVIEW

USER ROLE

PERMISSIONS

Program Administrator

(at least one required)

Every E-Verify account must have at least one program administrator. The program administrator is responsible for following all E‑Verify program rules and staying informed of changes to E‑Verify policies and procedures.

The program administrator role includes functions of a general user.

Permissions include:

Registering new users

Creating user accounts for other program administrators and general users

Creating and managing cases

Viewing reports

Updating profile information for other program administrators and general users

Unlocking user accounts

Closing company and user accounts

General User

(optional)

Employers can have as many or no general users as they desire. The general user is responsible for following all E‑Verify program rules and staying informed of changes to E‑Verify policies and procedures.

Permissions include:

Creating and managing own cases

Viewing reports

Updating own user profile

 

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Green Checkmark Follow E-Verify procedures for each newly hired employee while enrolled and participating in E‑Verify.

Green Checkmark Follow E-Verify procedures for each employee for whom an E-Verify case is created.

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Green Check Clearly display the Notice of E-Verify Participation and the Right to Work posters in English and Spanish and may also display the posters in other languages provided by DHS.

Green Checkmark By clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. You may also display the posters in other languages provided by DHS.

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Green Checkmark Provide each employee with notice of and the opportunity to contest a Tentative Nonconfirmation (TNC).

Green Checkmark Provide each employee with notice of and the opportunity to take action on a Tentative Nonconfirmation (TNC).

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Red X Specify or request which Form I-9 documentation a newly hired employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.

Red X Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Red X Use E-Verify to discriminate against any job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.

Red X Use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Red X Take adverse action against an employee based on a case result unless E‑Verify issues a Final Nonconfirmation.

Red X Take adverse action against or terminate an employee for receiving a TNC result, unless E‑Verify issues a case result of Final Nonconfirmation.

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Red X Terminate an employee during the E‑Verify verification process, because he or she receives a TNC.

 

1.4 RULES AND RESPONSIBILITIES OVERVIEW

Employers who participate in E-Verify must:

Red X Selectively verify the employment eligibility of a newly hired employee.

 

2.0 INITIAL VERIFICATION

When E-Verify checks the employee’s information with records available to SSA and/or DHS, a case result is provided. Case result statuses can be initial, interim or final. Proper use of E-Verify requires users to close all cases when they receive a final case results.

When E-Verify checks the employee’s information with records available to SSA and/or DHS, a case result is provided. Case result statuses can be initial, interim or final. Proper use of E-Verify requires users to close all cases when they receive a final case result of Final Nonconfirmation or Close Case and Resubmit. Cases resulting in Employment Authorized are automatically closed by the system.

2.1 FORM I-9 AND E-VERIFY

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The hire date means the first day of employment in exchange for wages or other remuneration. These Form I-9 requirements also apply to E-Verify employers. With the goal of ensuring a legal workforce, employers enrolled in E‑Verify have chosen to take the additional step of electronically confirming that information their employees provide match government records.

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The first day of employment means the first day an employee works in exchange for wages or other remuneration. These Form I-9 requirements also apply to E-Verify employers. With the goal of ensuring a legal workforce, employers enrolled in E‑Verify have chosen to take the additional step of electronically confirming that information their employees provide match government records.

2.1 FORM I-9 AND E-VERIFY

Newly hired employees must complete Section 1 of Form I-9 in its entirety on the first day of work for pay. They may complete Section 1 before this date, but only after acceptance of an offer of employment. Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSNs) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all newly hired employees, including seasonal, temporary and rehired employees, must provide their SSN.

Newly hired employees must complete Section 1 of Form I-9 in its entirety on the first day of employment. They may complete Section 1 before this date, but only after acceptance of an offer of employment. Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSNs) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all employees whose employment eligibility will be verified in E-Verify must provide their SSNs.

2.1 FORM I-9 AND E-VERIFY

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, examine documents presented by the employee that establish his or her identity and employment authorization. Do not specify which documents from the “List of Acceptable Documents” on Form I-9

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, physically examine documents presented by the employee that establish his or her identity and employment authorization. Do not specify which documents from the “Lists of Acceptable Documents” on Form I-9

2.1.2 REHIRES

2.1.2 REHIRES

Employers must use E-Verify for rehired employees. However, E-Verify has special rules for rehired employees who previously provided a U.S. passport, a U.S. passport card, a Permanent Resident Card, an Alien Registration Receipt Card (Form I-551), a driver’s License or a state ID card for Form I-9 and the document is now expired. In these situations, employers have the options below:

  • If an E-Verify case was never created for this employee, have the employee complete a new Form I-9 and create a case in E-Verify.
  • If an E-Verify case was previously created, but did not receive an employment authorized result, have the employee complete a new Form I-9 and create a case in E-Verify.
  • If an E-Verify case was previously created for this employee and received an employment authorized result, complete Section 3 of the employee’s previous Form I-9 and do not create a new case for the employee in E-Verify. Alternatively, employers may choose to complete a new Form I-9 and create a case for the employee in E-Verify.

REMINDER

  • All newly hired employees must provide a SSN.
  • Do not specify or request which document a newly hired employee must use for Form I-9.
  • A List B document must contain a photo (see exception above).
  • If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), make a copy of the document and retain it with Form I-9.

Employers 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, employers 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 upon rehiring employees for whom no previous E-Verify cases were created.

If you rehire a former employee within three years of the initial execution of the previous Form I-9, but did not create an E-Verify case, or if you created a case and did not receive a result of employment authorized, have the employee complete a new Form I-9 and create a case in E-Verify.

If you rehire a former employee within three years of the date of the initial execution of the previous Form I-9, created a case from that Form I-9, and received a result of employment authorized, you may be able to rely on the information from the employee’s previous Form I-9. Follow the steps outlined below when rehiring an employee who previously had a case created in E-Verify and received an employment authorized result.

If the previously created E-Verify case received a result of employment authorized and the Form I-9 has: Then:

No expired documents Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a new case in E-Verify.

or

Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.

An expired:

• U.S. passport or

• U.S. passport card or

• Permanent Resident Card or

• Alien Registration Receipt Card (Form I-551)

• List B document Write the employee’s rehire date in Section 3 of the existing Form I-9. Do not create a case in E-Verify.

or

Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.

An expired List A or List C document that triggers reverification Write the employee’s rehire date and the updated employment authorization document information in Section 3 of the existing Form I-9. Do not create a case in E-Verify.

or

Complete a new Form I-9 for the employee and create a new E-Verify case for the employee.

See the Handbook for Employers M-274, Section 5.2 Reverifying or Updating Employment Authorization for Rehired Employees for more information on rehires.

REMINDER

  • Do not specify or request which document a rehired employee must use for Form I-9.
  • If the employee presents a U.S. passport, a passport card, a Permanent Resident Card (Form I-551) or an Employment Authorization Document (Form I-766), and you will create a new E-Verify case for the employee, make a copy of the document and retain it with Form I-9.

2.1.2 REHIRES

2.3 ERROR:UNEXPIRED DOCUMENT REQUIRED

2.1.3 Unexpired Document Required

2.1.3 Unexpired Document Required

Employees must present unexpired documents for Form I-9 verification (see exception below). If the document entered into E-Verify is expired, E-Verify will reject the document information and not create a case. The employee will need to present acceptable unexpired document(s) and employers will need to update Form I-9 before they can create a case in E-Verify.

Just because the employee presented an expired document does not mean that the employee is not authorized to work. If the employee provides unexpired documentation that is used to create another case, it is possible for E-Verify to confirm the employment eligibility of this employee.

EXCEPTIONS: In limited situations, employers may accept a document that appears expired on its face for Form I-9 verification. Some foreign nationals who file a renewal application for an Employment Authorization Document (EAD) under certain eligibility categories may receive automatic extensions of their EAD. The extension begins on the date the EAD expires and continues for 180 days unless the application is denied. The employee’s EAD in combination with the Form I-797C, Notice of Action, showing the renewal application was timely filed and showing the same qualifying eligibility category as that on the previous EAD may extend the validity of the EAD for 180 days. Such document combinations are considered to be an unexpired EAD under List A. The receipt number on the Form I-797C should be entered as the document number when the case is created in E-Verify.

NOTE: Not all EADs receive an auto-extension; only certain EADs issued with specific eligibility category codes qualify. See the Handbook for Employers: Guidance for Completing Form I-9 (M-274) or visit www.uscis.gov/I-9central for more information about which EAD category codes qualify for the auto-extension.

When a Temporary Protected Status (TPS) designation for a particular country is authorized, DHS sometimes automatically extends the expiration date of the EAD issued to affected TPS beneficiaries via a notice published in the Federal Register. In this situation, the published notice will state the date to which the EAD has been extended. When such a document is presented for Form I-9 verification, the expiration date is the extended date that appears in the Federal Register notice.

DHS also sometimes extends two-year Permanent Resident Cards (Form I-551) via Form I-797. The Permanent Resident Card with Form I-797 noting the extension can be presented as a List C document for Form I-9.

In all other instances, the document presented with Form I-9 must be unexpired at the time the employee is hired.

ERROR: UNEXPIRED DOCUMENT REQUIRED – PROCESS OVERVIEW

  • E-Verify prompts an Error: Unexpired Document Required case result.
  • Obtain an unexpired document from the employee for Form I-9.
  • Click New Case and enter the employee’s unexpired Form I-9 document information.

IMPORTANT: Generally, documents presented for Form I-9 must be unexpired. If an employee presents an expired document for Form I-9 purposes, check to make sure the document’s expiration date has not been extended (see exceptions above). If the document’s validity has not been extended, ask the employee for an unexpired document from the List of Acceptable Documents before creating a case in E-Verify

Employees must present unexpired documents for Form I-9 verification (see exception below) and for the employer to create an E-Verify case. If an expired document is entered into E-Verify, it generates an error message and you will not be allowed to continue creating the case. The employee will need to present acceptable unexpired document(s) and employers will need to correct Form I-9 before they can create an E-Verify case.

EXCEPTIONS: Just because the employee presented an expired document does not mean he or she is not authorized to work. If the employee provides unexpired documentation that is used to create another case, it may still be possible for E-Verify to confirm their employment eligibility.

In limited situations, employers may accept a document that appears expired on its face for Form I-9 verification. Foreign nationals in certain eligibility categories who timely file a renewal application for an Employment Authorization Document (EAD) may receive an automatic extension of their EAD. The extension begins on the date the EAD expires and continues for up to 180 days unless the application is denied. The employee’s EAD may be combined with the Form I-797C, Notice of Action, showing both the renewal application was timely filed and the same qualifying eligibility category as that on the expired EAD, to demonstrate the extended validity of the EAD for 180 days. In the case of an EAD in category A12 or C19, Form I-797C can show either A12 or C19 and they do not have to match. This document combination is considered to be an unexpired EAD under List A. The receipt number on the Form I-797C should be entered as the document number when the case is created in E-Verify.

NOTE: Not all EADs can receive an auto-extension; only EADs issued under specific eligibility category codes qualify. See Section 4.2 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances in the Handbook for Employers (M-274) or visit www.uscis.gov/I-9central for more information about which EAD category codes qualify for the auto-extension.

When a Temporary Protected Status (TPS) designation for a particular country is authorized, DHS may automatically extend the expiration date of the EAD issued to those TPS beneficiaries via a notice published in the Federal Register. In this situation, the published notice will state the date to which the EAD has been extended. If the notice is presented for Form I-9 completion, record the date the EAD has been automatically extended to as the expiration date.

NOTE: The employee does not have to provide proof that they are a national of a country designated for TPS.

DHS also sometimes extends two-year Permanent Resident Cards (Form I-551) via Form I-797. The Permanent Resident Card with Form I-797 noting the extension can be presented as a List C document for Form I-9. Additionally, a Permanent Resident Card with a USCIS - issued sticker extending its validity is a List A document.

2.2 Create a Case

Do not create a case for an employee hired before the effective date of the employer’s MOU.

Do not create a case for an employee whose first day of employment is before the effective date of the employer’s MOU.

HOW TO CREATE A CASE – PROCESS OVERVIEW

From the E-Verify Welcome page find Cases and click:

New Case

From the E-Verify Welcome page, click the drop-down arrow next to Cases and select New Case.

HOW TO CREATE A CASE – PROCESS OVERVIEW

Enter the employee’s Form I-9 information. A red asterisk (*) in E‑Verify indicates a required field. Using information from Section 1 of Form I-9, enter all required information into each field.

When the employee provides an email address on Form I-9, you must enter it into E‑Verify because E-Verify may send the employee email notifications with information about his or her E-Verify case.

Click Continue.

Enter the employee’s information from Section 1 of Form I-9. If you do not enter required information, E-Verify generates a field error message and you must enter the required information to continue with the case.

When entering more than one last name into the Other Last Names Used field, press the Tab or Enter key after each last name is added.

NOTE: If the employee provided an email address on Form I-9, you must enter it into E‑Verify. E-Verify may send the employee email notifications with information about his or her E‑Verify case. If the employee did not provide an email address on Form I-9, click the box next to No email address provided.

Click Continue.

HOW TO CREATE A CASE – PROCESS OVERVIEW

From Section 1 of the employee’s Form I-9, choose the appropriate option.

· A citizen of the United States

· A noncitizen national of the United States

· A lawful permanent resident

· An alien authorized to work

Click Continue.

From Section 1 of the employee’s Form I-9, choose the appropriate option for Citizenship Status.

· A citizen of the United States

· A noncitizen national of the United States

· A lawful permanent resident

· An alien authorized to work

Click Continue.

HOW TO CREATE A CASE – PROCESS OVERVIEW

Indicate which documents were provided in Section 2 of the employee’s Form I‑9. Make the appropriate selection and click Continue.

If you select List B and C documents, E-Verify prompts you to select both documents presented by the employee in Section 2 of Form I-9.

Click Continue.

Important: If you select driver’s license or ID card, E-Verify will prompt you to select the document name and state. Make the appropriate selection and click Continue.

IMPORTANT: If you select An alien authorized to work, you may also be required to indicate that you are entering either the Alien Number, Form I-94 number or foreign passport number from the employee’s Form I-9.

Click Continue.

Employer Case ID is an optional field for users who wish to assign an internal tracking code to a case.

Click List A Document or List B & C Document, using information provided in Section 2 of the employee’s Form I-9. Then select the document or combination of documents provided in Section 2.

Important: If you select driver’s license, E-Verify will prompt you to select the state. Enter the requested information and click Continue.

HOW TO CREATE A CASE – PROCESS OVERVIEW

Using information from Section 1 and 2 of Form I-9, enter all required information into each field.

For more information on the Hire Date, see Section 2.2.1.

Click Continue.

Type the employee’s first day of employment recorded in Section 2 of Form I-9 into the Employee’s First Day of Employment field. Alternatively, you may click Today, 1 Day Ago, or 2 Days Ago and the corresponding date automatically populates in the Employee’s First Day of Employment field. If you select Other, the system requires you to manually enter the employee’s first day of employment.

If the case is being created 3 or more days past the employee’s first day of employment, you must provide a reason for the delay. Select one of the following reasons from the drop-down menu:

· Awaiting Social Security Number

· Technical Problems

· Audit Revealed that New Hire Was Not Run

· Other

· Federal Contractor with E-Verify Clause verifying an existing employee

If Other is selected, E-Verify requires you to type the reason in the Reason for Delay text box.

NOTE: If you enter a date more than 90 business days beyond the current date in the Employee’s First Day of Employment field, E-Verify displays an error message informing this date must be between 11/07/1986 and 90 business days in the future.

Provide Visa Number when applicable.

Employee ID is an optional field for users who wish to assign an internal tracking code to a case. If desired, enter a unique identifier assigned to this case.

HOW TO CREATE A CASE – PROCESS OVERVIEW

Each screen provides additional information simply by clicking any help text symbol. Help Text Symbol

For additional information on each screen, click any help text symbol.  Help Text Symbol

HOW TO CREATE A CASE - PROCESS OVERVIEW

REMINDER

Asterisk Complete Form I-9 before creating a case in E-Verify.

Asterisk Enter the employee’s email address if provided on Form I-9.

Asterisk Create cases for all newly hired employees no later than the third business day after the employee starts work for pay.

REMINDER

Asterisk Complete Form I-9 before creating a case in E-Verify.

Asterisk Enter the employee’s email address if provided on Form I-9 or indicate “No email address provided.”

Asterisk Create cases for all newly hired employees no later than the third business day after the employee’s first day of employment.

2.2.1

HIRE DATE

EMPLOYEE’S FIRST DAY OF EMPLOYMENT

2.2.1

The hire date is the first day of employment in exchange for wages or other remuneration (or “work for pay”). On Form I-9, it is referred to as the employee’s first day of employment. For the hire date in E-Verify, enter the employee’s first day of employment date from the Certification in Section 2 of the employee’s Form I-9, circled below

The employee’s first day of employment is the date the employee begins working in exchange for wages or other remuneration. The employee’s first day of employment is recorded in Section 2 of Form I-9.

2.2.1

If Form I-9 is completed after the employee accepts the offer of employment, but before the actual start of work for pay, it is possible that the hire date recorded on Form I-9 will change after the employer created the case in E-Verify. If this happens, no additional action is required in E-Verify as the hire date cannot be changed once the case has been created. However, employers should correct the date originally indicated as the employee’s first day of employment in the certification block in Section 2 on the employee’s Form I-9 if the employee’s hire date changes. Consult the Handbook for Employers: Guidance for Completing Form I-9 (M-274) or visit www.uscis.gov/i-9central for more information.

Employees hired on or before November 6, 1986, are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment. Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before November 27, 2009, are also not subject to Form I-9 and their employers may not create cases in E-Verify for them based on this employment.

If Form I-9 is completed after the employee accepts the offer of employment, but before the actual start of work for pay or other remuneration, it is possible that the first day of employment recorded on Form I-9 could change after the employer created the case in E-Verify. If this happens, no additional action is required in E‑Verify as the first day of employment cannot be changed once the case has been submitted. If the employee’s first day of employment changes, employers should correct the date originally indicated as the employee’s first day of employment in the certification block in Section 2 on the employee’s Form I-9. Consult the Handbook for Employers (M-274) or visit www.uscis.gov/i-9central for more information.

Employees whose first day of employment was on or before November 6, 1986, are not subject to Form I-9. Therefore, employers may not create E-Verify cases for these employees based on this employment. Individuals hired for employment in the Commonwealth of the Northern Mariana Islands (CNMI) on or before November 27, 2009, are not subject to Form I-9 and their employers may not create cases in E-Verify for them based on this employment.

2.2.2 E-Verify Photo Matching

If an employee presented one of the first four List A documents for Form I-9 verification, photo matching will prompt the E-Verify user to compare the employee’s photo document with a photo displayed during creation of the E-Verify case. This helps ensure that the document the employee provided matches records available to DHS.

The four List A documents that will trigger photo matching are the U.S. passport, passport card, Permanent Resident Card (Form I-551) and Employment Authorization Document (Form I-766). When the employee presents one of these documents, employers must copy the document and retain it with Form I-9. If the employee’s Form I-9 information matches records available to DHS, E-Verify displays the employee’s photo from the document presented.

E-Verify photo matching will prompt the E-Verify user to compare the employee’s photo document with a photo displayed during creation of the E‑Verify case. This helps ensure that the document the employee provided matches records available to DHS.

The four List A documents that will trigger photo matching are the U.S. passport, passport card, Permanent Resident Card (Form I-551) and Employment Authorization Document (Form I-766). When the employee presents one of these documents, employers must copy the front and back of the document (or in the case of a U.S. passport, copy the Passport ID page and the Passport Barcode page) and retain the copies with Form I-9. If the employee’s Form I-9 information matches records available to DHS, E-Verify displays the employee’s photo from the document presented.

PHOTO MATCHING-PROCESS OVERVIEW

Arrow E-Verify prompts you to compare a photo displayed in E-Verify with the employee’s Form I‑9 photo document. You must obtain a copy of the employee’s document and retain it with Form I-9.

Arrow Account for minor variations in shading and detail between the two photos and select Yes or No.

Arrow Yes – the photo on the employee’s actual document or a copy matches the photo displayed by E-Verify. Clothing, hair style, facing direction and appearance on the card should be identical to the photo displayed by E-Verify.

No – the photo on the employee’s actual document or a copy does not match the photo displayed in E‑Verify.

NOTE: If No Photo on this Document appears, select Yes.

Arrow Click Continue.

NOTE: If you do not make a selection and click Continue, the case will receive a status of Photo Matching Required. To search for a case, see Section 4.2 Case Alerts.

IMPORTANT: Compare the photo displayed in E-Verify with the employee’s Form I-9 photo document, not to the actual employee.

Arrow E-Verify prompts you to compare a photo displayed in E-Verify with the employee’s Form I‑9 photo document. You must obtain a copy of the employee’s document and retain it with Form I-9.

Arrow Account for minor variations in shading and detail between the two photos.

Arrow Select the option next to the appropriate response.

Arrow Click Continue to Case Results.

o Yes, this photo matches – The photo on the employee’s actual document or a copy matches the photo displayed by E-Verify. Clothing, hair style, facing direction and appearance on the card should be identical to the photo displayed by E‑Verify.

o No, this photo does not match – The photo on the employee’s actual document or a copy does not match the photo displayed in E‑Verify.

o No photo displayed No photo was displayed for the E-Verify user to compare with the employee’s document provided. This option should be selected when E‑Verify either displays no photo or it displays an image of something other than a photo of a person, such as an image of a document.

NOTE: If you do not make a selection and click Continue to Case Results, the case will receive a status of Case Incomplete. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

Arrow If you select No, this photo does not match or No photo displayed, E-Verify prompts you to upload a photo of your employee’s document and click Continue.

NOTE: For most documents presented, E-Verify requests an image of both the front and back. If you are entering a U.S. passport or passport card, E-Verify will request an image of the Passport ID page and the Passport Barcode page.

Arrow NOTE: Each file must be a .jpg, .pdf, or .png file that is no greater than 4MBs.

Arrow IMPORTANT: Compare the photo displayed in E-Verify with the employee’s Form I-9 photo document, not to the actual employee. lick Continue.

PHOTO MATCHING-PROCESS OVERVIEW

SSA OR DHS TENTATIVE NONCONFIRMATION (TNC), Section 3.3

TENTATIVE NONCONFIRMATION (TNC), Section 3.3

2.2.3

2.2.3 CHECK INFORMATION

2.2.3 REVIEW CASE AND ARE YOU SURE? ALERT

REVIEW CASE-ARE YOU SURE? ALERT

If the information entered does not immediately match SSA and/or DHS records, the Check Information screen appears so the user can confirm that the information was entered correctly. The user may either confirm that the information matches Form I-9 or change the information in certain fields if the information was entered incorrectly. Follow the steps in the Check Information – Process Overview.

Users are prompted to review and confirm that the information entered is correct and may edit case details before submitting the case. If the information entered does not immediately match records available to SSA and/or DHS, the Review Case – Are You Sure? screen appears so the user can confirm that the information entered matches the Form I-9. Users may either confirm that the information matches Form I-9 or change the information in the prompted fields if the information was entered incorrectly. Follow the steps in the Review Case – Process Overview.

2.2.3

CHECK INFORMATION-PROCESS OVERVIEW

REVIEW CASE - PROCESS OVERVIEW

2.2.3 REVIEW CASE - PROCESS OVERVIEW

Arrow E-Verify prompts you to review and confirm that the information entered into E-Verify is correct.

Arrow Confirm that the information matches Form I-9 or click Edit Case Details to make changes, if needed, then click Submit Case

Arrow Confirm that the information matches Form I-9 or make changes, if needed, and click Continue.

Arrow Some fields cannot be updated. If the information entered is not correct and the information cannot be updated, close the case by clicking Close Case. Select the case closure statement: The case is being closed because data entered is incorrect and create a new case in E-Verify with the correct information.

NOTE: If you do not click Continue or Close Case, the case will receive a status of Case Incomplete. To search for a case, see Section 4.2 Case Alerts.

Arrow Review information entered into E-Verify and confirm it matches information entered on the employee’s Form I-9.

Arrow Click Edit Case Details to make corrections if necessary, then click Continue to return to the Review Case screen.

Arrow Click Submit Case.

NOTE: If you need more time to verify the information is correct, you may click Save & Exit to exit this case. You can locate the case later under View/Search Cases.

Arrow If information entered does not immediately match records available to SSA and/or DHS, E-Verify will prompt you with a second alert asking you to confirm the information is correct.

Arrow Review information on the screen to ensure it matches what the employee entered in Section 1 of Form I-9. Select the appropriate option, indicating whether the information displayed matches the Form I-9. If the information does not match what was entered on Form I-9, correct the field in the alert to match the Form I-9.

Arrow Click Continue to Case Results.

If you do not select an option, a message will appear instructing you to select an option before you can continue.

If you need more time to verify the information is correct, you may click Save & Exit to exit this case. You can locate the case later under View/Search Cases. If you do not click Continue to Case Results or Save & Exit, the case will receive a status of Case Incomplete. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

2.3

2.5 DUPLICATE CASE ALERT

2.3 Duplicate Cases Found Alert

2.3 Duplicate Cases Found Alert

A duplicate case alert appears for a case that contains the same Social Security number of a previous case entered for the same employer account. A duplicate case alert can occur for several reasons. Receiving a duplicate case alert does not necessarily mean that you should not proceed with the new case and close it. There may be instances when the employer must create a new case for the same employee, such as in the case of a rehire or if the previous case contains incorrect information. Review the situation and decide whether to continue with the case. Follow the steps in the Duplicate Case Alert – Process Overview.

A duplicate cases found alert appears for a case that contains the same information found in one or more cases created within the last 30 days under the same employer account. Receiving a duplicate cases found alert does not necessarily mean that you should not proceed with the new case you are creating. There may be valid reasons for an employer to create a new case for the same employee, such as if the previous case contains incorrect information. However, all cases must be closed in order for the cases to be considered complete. Review the situation and decide whether to continue with the present case and close any open duplicate cases that may have been created in error. Follow the steps in the Duplicate Cases Found Alert – Process Overview.

DUPLICATE CASES FOUND ALERT – PROCESS OVERVIEW

  • E-Verify prompts you to review the case information and determine whether you will continue with the case. You may need to contact the user that created the previous case.
  • Click View Case Details to review the case information. If the information is incorrect, update the appropriate information, then click Continue.
  • If you determine that you need to continue with the case, click Continue and select a reason from the options presented in E-Verify.
  • If you think the case is truly a duplicate and you no longer need to continue the verification process, close the case by clicking Close Case.

Arrow The Duplicate Cases Found alert displays all cases created under this employer account within the last 30 days using duplicate information. Before proceeding with a new case, you should close all open duplicate cases.

Arrow Open cases will have a blue Close Case next to the Case Number.

Arrow To close an individual case, click Close case.

Arrow To close multiple open cases, click Close all cases.

Arrow All cases closed from within this alert will be closed as duplicate cases.

Arrow Close case next to the Case Number will be inactive for closed cases. If all cases displayed in the alert have been closed, Close all cases will be inactive.

Arrow If you decide to continue processing a duplicate case listed in this alert, you may abandon the current case with no further action, as the case has not been created yet.

NOTE: Program administrators and general users can update and close all cases previously created under the same employer account, regardless of who created the case.

Arrow To continue the case without closing duplicate cases, click Continue anyway.

Arrow If you select Continue anyway in error, you may click Back and return to the list of duplicate cases.

Arrow If you click Continue anyway, you must enter a reason for continuing the case without closing previous cases.

Arrow Once you’ve typed a reason in the text box, Click Continue.

3.0 CASE RESULTS

CASE RESULTS OVERVIEW

Employment Authorized

The employee’s information matched records available to SSA and/or DHS.

DHS Verification In Process

This case was referred to DHS for further verification.

SSA or DHS Tentative Nonconfirmation (TNC)

Information did not match records available to SSA and/or DHS. Additional action is required.

SSA or DHS Case in Continuance

The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.

SSA or DHS Final Nonconfirmation

E-Verify cannot confirm an employee’s employment eligibility after the employee visited SSA or contacted DHS.

DHS No Show

The employee did not contact DHS within eight federal government working days.

Employment Authorized

The employee’s information matched records available to SSA and/or DHS.

Verification In Process

This case was referred to DHS for further verification.

Tentative Nonconfirmation (TNC)

Information did not match records available to SSA and/or DHS. Additional action is required.

Case in Continuance

The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.

Close Case and Resubmit

SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee’s U.S. passport, passport card, or driver’s license information is incorrect.

Final Nonconfirmation

E-Verify cannot confirm the employee’s employment eligibility after the employee visited SSA or contacted DHS.

3.1 Employment Authorized

An initial case result of Employment Authorized is the most common and simple case result in E-Verify. Employment Authorized means that the information entered into E-Verify matched records available to SSA and/or DHS and that E‑Verify confirmed the employment eligibility of the employee whose information was entered. However, a case that is Employment Authorized is still considered incomplete until it is closed.

Follow the steps outlined in the Employment Authorized - Process Overview.

Most E-Verify cases receive a case result of Employment Authorized. Employment Authorized means that the information entered into E-Verify matched records available to SSA and/or DHS confirming employment eligibility of the employee whose information was entered. E-Verify automatically closes cases resulting in Employment Authorized. You can locate the closed case and view case details in View/Search Cases. See Section 4.2 Case Alerts and View/Search cases for guidance on how to search for and view existing cases in E-Verify. At this stage, you should record the case number on this employee’s Form I-9 or print out the Case Details page and attach it to the Form I-9.

NOTE: Automatic closure only applies to employers directly accessing E-Verify to create cases. If you are using web service software to create cases, you must manually close all cases, including cases resulting in employment authorized.

EMPLOYMENT AUTHORIZED – PROCESS OVERVIEW

Arrow Receive case result Employment Authorized.

Arrow Check the information in E-Verify against the employee’s Form I-9.

Arrow Close Case.

A case result of Employment Authorized requires the important step of closing the case. Employers must close each case; this does not happen automatically. Closing the case removes it from the active cases list or the Open Cases to be Closed list. To close each case, follow the steps outlined in Section 4.1 Close Case.

 

EMPLOYMENT AUTHORIZED SUMMARY

EMPLOYMENT AUTHORIZED SUMMARY

EMPLOYER ACTION

· Enter Form I-9 information into E-Verify

· Receive Employment Authorized case result

· Ensure that the information displayed in E-Verify matches the employee’s Form I-9

· Close case

EMPLOYEE ACTION

· None

 

3.1.1

EMPLOYMENT AUTHORIZED- Request Name Review

In some cases E-Verify issues a case result of Employment Authorized, but the name returned in E-Verify does not match exactly the name on Form I-9. This happens when the information matches, but there are name variations in DHS records. In this case, request a review of the employee’s name so E-Verify can issue a final case result. To request a name review, follow the steps outlined in the Request Name Review - Process Overview.

IMPORTANT: Do not use this functionality in a discriminatory manner (e.g., based on an individual’s race, national origin or ethnicity).

REQUEST NAME REVIEW-PROCESS OVERVIEW

Arrow Compare the name displayed in the yellow box with the name you entered which is shown in the white box.

Arrow If the names match, click Close Case.

Arrow If the names do not match, request DHS review of the case by clicking Request Name Review.

Arrow Enter the specific reason for the name review request into the Comments field.

Arrow Click Continue

A case sent to DHS for name review will be updated with one of the following results:

EMPLOYMENT AUTHORIZED, Section 3.1

SSA and DHS TENTATIVE NONCONFIRMATION (TNC), Section 3.3

Each case result requires different actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.

REQUEST NAME REVIEW SUMMARY

EMPLOYER ACTION

· Determine if a name review is required (if not required, close case)

· Click Continue

· Input reason for name review request in Comments field

· Click Continue

· Follow steps outlined in DHS Verification in Process

EMPLOYEE ACTION

· None

 

3.2

3.2 DHS Verification in Process

3.2 Verification in Process

3.2 Verification in Process

A case result of DHS Verification in Process means that the information did not match records available to DHS. The case is automatically referred to DHS for further verification. DHS will respond to most of these cases within 24 hours, although some responses may take up to three federal government working days. No action is required by either the employer or employee at this time, but employers can check E-Verify daily for a response. See DHS Verification in Process – Process Overview.

A case result of Verification in Process means that DHS cannot verify the data and needs more time. The case is automatically referred for further verification. DHS will respond to most of these cases within 24 hours, although some responses may take up to 3 federal government working days. No action is required by either you or the employee at this time, but you can check E-Verify daily for a response. See Verification in Process – Process Overview.

3.2 Verification in Process

DHS VERIFICATION IN PROCESS – PROCESS OVERVIEW

Arrow E-Verify displays DHS Verification in Process case result.

Arrow Check E-Verify for changes to case results.

Arrow DHS may take three federal government working days to respond.

Follow the next step based on the case result provided.

VERIFICATION IN PROCESS – PROCESS OVERVIEW

Arrow E-Verify displays a Verification in Process case result in the View/Search Cases screen. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

Arrow When you open a case with a Verification in Process case result, E-Verify displays the E-Verify Needs More Time screen below.

Arrow Check E-Verify for changes to case results.

Arrow DHS may take 3 federal government working days to respond.

Follow the next step based on the case result provided.

3.2 Verification in Process

After the three federal government working days, a DHS Verification in Process case result will provide one of the following case results:

EMPLOYMENT AUTHORIZED, Section 3.1

SSA or DHS TENTATIVE NONCONFIRMATION (TNC), Section 3.3

SSA or DHS CASE IN CONTINUANCE, Section 3.4

After the 3 federal government working days, a Verification in Process case result will provide one of the following case results:

EMPLOYMENT AUTHORIZED, Section 3.1

TENTATIVE NONCONFIRMATION (TNC), Section 3.3

CASE IN CONTINUANCE, Section 3.4

3.2 Verification in Process

VERIFICATION IN PROCESS SUMMARY

EMPLOYER ACTION

· Check E-Verify for case result updates

· Follow next steps based on case result provided

EMPLOYEE ACTION

· None

VERIFICATION IN PROCESS SUMMARY

EMPLOYER ACTION

· Check E-Verify for case result updates

· Follow next steps based on case result provided

· An employer may not take adverse action against an employee because of a Verification in Process result

EMPLOYEE ACTION

· None

3.3

3.3 SSA or DHS Tentative Nonconfirmation (TNC)

3.3 Tentative Nonconfirmation (TNC)

3.3 Tentative Nonconfirmation (TNC)

An SSA TNC means that the information entered into E-Verify does not match SSA records. A DHS TNC means that the information entered into E-Verify does not match records available to DHS. E‑Verify identifies the agency associated with the mismatch when the TNC result is provided.

Reasons a case may get an SSA TNC case result include the following:

A TNC means that the information entered into E-Verify does not match records available to SSA and/or DHS. It is possible for an employee to receive a dual TNC, which means the case received a TNC result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. E‑Verify identifies the agency or agencies associated with the mismatch in the TNC Further Action Notice.

A TNC for an information mismatch against SSA records may result because of the following reasons:

3.3 Tentative Nonconfirmation (TNC)

A case can result in a DHS TNC because the employee’s:

A case can result in a TNC with DHS because the employee’s:

3.3 Tentative Nonconfirmation (TNC)

If the employee chooses not to contest the TNC, the employer may terminate employment with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 8(a) of the MOU.

If the employee chooses not to take action on the TNC, the employer may terminate employment with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU.

3.3.1

3.3.1 Notify Employee of SSA or DHS TNC

3.3.1 Notify Employee of TNC

3.3.1 Notify Employee of TNC

The employee must be notified of the SSA or DHS TNC result as soon as possible by following the steps in Notify Employee of SSA or DHS TNC – Process Overview.

The employee must be notified of the TNC result as soon as possible by following the steps in Notify Employee of TNC – Process Overview.

3.3.1 Notify Employee of TNC

Receive SSA or DHS TNC case result.

Click Continue.

Select either English or Spanish and print the SSA or DHS TNC Further Action Notice.

Confirm that all information listed at the top of the SSA or DHS TNC Further Action Notice is correct. If information is incorrect, close the case and create a new case for the employee. When you close the original case, select the case closure statement, The case is being closed because the data entered is incorrect.

If the information is correct, review the SSA or DHS TNC Further Action Notice with the employee in private and follow the instructions on page 1 of the SSA or DHS TNC Further Action Notice.

If the employee cannot read, you must read the SSA or DHS TNC Further Action Notice to the employee. If the employee does not speak English as his or her primary language and has a limited ability to read or understand the English language, provide the employee with a translated version of the Further Action Notice in the appropriate language, which is available in View Essential Resources.

IMPORTANT: You may provide the SSA or DHS TNC Further Action Notice to the employee in person, by fax, email, overnight or next-day delivery service, as long as you take proper precautions to ensure the employee’s information is protected.

Indicate that the employee has been notified by selecting the box Confirm Employee Notification.

Confirm whether the employee decided

to contest the SSA or DHS TNC by following the steps in the Confirm Employee Decision – Process Overview.

NOTIFY EMPLOYEE OF TNC – PROCESS OVERVIEW

Download and print the Further Action Notice.

NOTE: The Further Action Notice prints in English by default, but may also be printed Spanish.

· To print in English, click Download Further Action Notice.

· To print in Spanish, click the down arrow next to English and select Spanish, then click Download Further Action Notice.

Review the Further Action Notice with the employee in private and instruct the employee to confirm that the information listed at the top is correct.

If the employee cannot read, you must read the Further Action Notice to the employee. If the employee does not speak English as his or her primary language and has a limited ability to read or understand the English language, provide the employee with a translated version of the Further Action Notice in the appropriate language, which is available in View Essential Resources.

IMPORTANT: You may provide the Further Action Notice to the employee in person, by fax, email or overnight or next-day delivery service, as long as you take proper precautions to ensure the employee’s information is protected.

Instruct the employee to indicate whether he or she will take action to resolve the TNC, then have the employee sign and date the Further Action Notice printed in English

Provide the employee a copy of the signed Further Action Notice in English (and a translated version, if appropriate).

Attach the original signed Further Action Notice to the employee’s Form I 9.

3.3.1 Notify Employee of TNC

NOTIFY EMPLOYEE OF SSA TNC SUMMARY

EMPLOYER ACTION

· Privately notify employee of the SSA or DHS TNC

· Print, review, sign and date the SSA or DHS TNC Further Action Notice

EMPLOYEE ACTION

· Confirm that the information on the SSA or DHS TNC Further Action Notice is correct

NOTIFY EMPLOYEE OF TNC SUMMARY

EMPLOYER ACTION

· Download and print the Further Action Notice and confirm that the information listed at the top is correct

· Privately notify employee of the TNC

· Have employee review and confirm that his or her information listed at the top is correct

· Instruct the employee to indicate his or her decision to take action or not and to sign and date the Further Action Notice

· Provide the employee with a copy of the signed Further Action Notice in English (and a translated version, if appropriate)

· Keep the original signed Further Action Notice on file with Form I-9

EMPLOYEE ACTION

· Confirm that the information on the Further Action Notice is correct

· Decide whether to take action to resolve the TNC or not and indicate choice on the Further Action Notice

· Acknowledge the TNC case result by signing and dating Further Action Notice

3.3.2

3.3.2 Confirm Employee Decision

3.3.2 Confirm Employee Decision and refer Case

3.3.2 Confirm Employee Decision and refer Case

After being notified of the SSA or DHS TNC and choosing whether to contest the case result, the employee acknowledges his or her decision on the SSA or DHS TNC Further Action Notice. Employees who choose to contest an SSA TNC are referred to the SSA. Follow the steps outlined in the Confirm Employee Decision – Process Overview.

After you notify the employee of the TNC and he or she decides whether to take action to resolve the case result, the employee should acknowledge his or her decision on the Further Action Notice. Employees who choose to take action on a TNC are referred to SSA and/or DHS. If a dual TNC is received, the employee will be referred to both SSA and DHS. Follow the steps outlined in the Confirm Employee Decision and Refer Case – Process Overview.

An employee who chooses to take action to resolve an SSA TNC must visit an SSA field office within 8 federal government working days to begin resolving the TNC. An employee who chooses to take action to resolve a DHS TNC must call DHS within 8 federal government working days to begin resolving the TNC. An employee who chooses to take action to resolve a dual TNC is only given 8 federal government work days to visit SSA and call DHS to begin resolving both TNCs. Federal government working days are Monday through Friday (except for federal holidays).

Give the employee the Referral Date Confirmation from E-Verify. The Referral Date Confirmation provides the date by which the employee must visit SSA and/or call DHS. The employee should bring the TNC Further Action Notice when he or she visits a SSA field office.

If the photos do not match during E-Verify photo matching, a photo mismatch TNC may result. A photo mismatch TNC requires the employer to take an additional step to refer the case, but follows the same requirements of any TNC. If the employee chooses to take action on the photo mismatch TNC, the employer must refer the employee to DHS and provide a copy of the Form I-9 photo document to E‑Verify.

3.3.2

Confirm employee decision– Process Overview

Confirm employee decision and refer Case – Process Overview

Confirm employee decision and REFER Case – Process Overview

 

Arrow Select the option indicating whether or not the employee will take action to resolve the TNC.

Arrow Click Continue.

NOTE: If you indicate that the employee will take action to resolve the TNC, the employee’s has 8 federal government working days from when you click Continue to visit SSA and/or call DHS.

IF

EMPLOYEE WILL TAKE ACTION TO RESOLVE TNC:

Arrow If you selected the option indicating the employee chooses to take action to resolve the TNC, download and print the Referral Date Confirmation, attach a copy of it to the employee’s Form I-9, and provide the original to the employee.

Arrow The Referral Date Confirmation downloads in English by default, but may also be downloaded in Spanish.

o To download/print in English, click Download Referral Date Confirmation.

o To download/print in Spanish, click the down-arrow next to English and select Spanish, then click Download Referral Date Confirmation.

Arrow Click Continue.

For some TNC cases, E-Verify prompts you to submit a copy of the employee’s photo document to DHS. Follow the steps below if prompted.

Arrow First, make sure you have a copy of the employee’s Form I-9 photo document.

Arrow Upload a copy of the employee’s Form I-9 photo document to the E-Verify case.

Note: If the employee cannot read, you must read the Referral Date Confirmation to the employee. Provide employees who do not speak English as their primary language, or have a limited ability to read or understand the English language, with a translated version of this confirmation in the appropriate language. Additional languages are available in Other Resources under Resources/View Essential Resources in E-Verify.

IMPORTANT: Close the caseonlyafter E-Verify provides a final case result or if you no longer need to continue to confirm the employment eligibility of the employee. If you determine information in the case is incorrect and the case should be closed, select the option indicating the employee will not take action. The case will receive a Final Nonconfirmation result and you will be allowed to select an option indicating the case information was entered incorrectly.

IF EMPLOYEE WILL NOT TAKE ACTION TO RESOLVE THE TNC:

Arrow If you selected the option indicating the employee will not take action to resolve the case, and confirm that you selected the correct option.

Arrow Click Continue to close the case.

Arrow Click Cancel to return to the previous screen.

NOTE: If you click Continue to close the case, E-Verify displays an updated case status of Final Nonconfirmation.

Arrow Click Close Case.

NOTE: See Section 4.1 Close Case – Process Overview for additional guidance on closing a case that received a Final Nonconfirmation result.

Confirm employee decision and REFER Case – Process Overview

 

SSA or DHS has 10 federal government working days from the date the case was referred to update the case result in E‑Verify. Check E-Verify periodically for an update in the case result. A case referred to SSA or DHS is updated with one the following results:

EMPLOYMENT AUTHORIZED, Section 3.1

VERIFICATION IN PROCESS, Section 3.2

CASE IN CONTINUANCE, Section 3.4

FINAL NONCONFIRMATION, Section 3.5

CLOSE CASE AND RESUBMIT, Section 3.6

Each case result requires different actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.

Confirm employee decision and REFER Case – Process Overview

CONFIRM EMPLOYEE DECISION SUMMARY

EMPLOYER ACTION

· Instruct the employee to indicate his or her decision to contest or not contest and sign and date the SSA TNC Further Action Notice, then sign and date as the employer

· Provide to the employee a copy of the signed SSA TNC Further Action Notice in English (and a translated version, if appropriate)

· Keep the original signed SSA TNC Further Action Notice on file with Form I-9

· Take the next action based on the employee’s decision to contest or not contest the SSA or DHS TNC

EMPLOYEE ACTION

· Decide to contest or not contest and indicate choice on the SSA or DHS TNC Further Action Notice

· Acknowledge the SSA or DHS TNC case result by signing and dating SSA or DHS TNC Further Action Notice

· Take next action based on decision to contest or not to contest

CONFIRM EMPLOYEE DECISION AND REFER CASE SUMMARY

EMPLOYER ACTION

· Take next steps in E-Verify based on the employee’s decision to take action or not regarding the TNC

· If referred, print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9

· If not referred, close the case.

· Check E-Verify for case result updates and follow steps based on case result provided

EMPLOYEE ACTION

· Take next steps based on decision to take action or not

· If referred, visit a SSA field office and/or contact DHS within 8 federal government working days and present the Further Action Notice and applicable original documents listed on the Further Action Notice

· Follow SSA or DHS instructions for next steps

3.3.3 Refer Employee to SSA or DHS

An employee who chooses to contest an SSA TNC must visit an SSA field office within eight federal government working days to begin resolving the TNC. An employee who chooses to contest a DHS TNC must call DHS within eight federal government working days to begin resolving the TNC.

Give the employee the Referral Date Confirmation from E-Verify. The Referral Date Confirmation provides the date by which the employee must visit SSA or call DHS. The employee should bring the SSA TNC Further Action Notice when he or she visits an SSA field office. Federal government working days are Monday through Friday (except for federal holidays).

If the employer fails to match photos during E-Verify photo matching, a photo mismatch TNC may result. A photo mismatch TNC requires the employer to take an additional step to refer the case but follows the same requirements of any TNC. If the employee chooses to contest the photo mismatch TNC, the employer must refer the employee to DHS and send a copy of the Form I-9 photo document to E‑Verify. Follow the steps outlined in the Refer Employee to SSA – Process Overview to complete the TNC process.

REFER EMPLOYEE TO SSA OR DHS – PROCESS OVERVIEW

If the employee chooses to contest the SSA or DHS TNC, click Refer Case.

NOTE: The employee’s obligation to visit an SSA field office or call DHS within eight federal government working days begins when you click Refer Case.

For some DHS TNC cases, E-Verify prompts you to submit a copy of the employee’s photo document to DHS. Follow the steps below to complete this step when prompted.

First, make sure you have a copy of the employee’s Form I-9 photo document. You may submit an electronic copy or send a paper copy by selecting one of the following:

• Scan and attach a copy of Employee’s Photo Document

OR

• Mail a copy of Employee’s Photo Document

If you chose to mail a paper copy, send it through express mail to the address below:

U.S. Department of Homeland Security (USCIS)

10 Fountain Plaza, 3rd Floor

Attn: Status Verification Unit – Photo Matching

Buffalo, NY 14202

DHS will not pay for any shipping costs. Participants are free to choose an express shipping carrier at their own expense.

If the employee chooses not to contest, click Close Case and follow steps in Section 4.1 Close Case.

Select the Referral Date Confirmation in either English or Spanish and click Print Confirmation.

Provide the Referral Date Confirmation to the employee.

If the employee cannot read, you must read the Referral Date Confirmation to the employee. If the employee does not speak English as his or her primary language and has a limited ability to read or understand the English language, provide the employee with a translated version of this confirmation in the appropriate language, which is available in View Essential Resources under Resources in E-Verify.

Attach a copy of the Referral Date Confirmation to the employee’s Form I-9.

Check E-Verify for case updates and follow steps based on next case result.

IMPORTANT: Close the case only when E-Verify provides a final case result or if you no longer need to continue to verify the employment eligibility of the employee.

SSA or DHS has 10 federal government working days to update the case result in E‑Verify. Check E-Verify periodically for an update in the case result. A case referred to SSA or DHS is updated with one the following results:

EMPLOYMENT AUTHORIZED, Section 3.1

DHS VERIFICATION IN PROCESS, Section 3.2

SSA or DHS CASE IN CONTINUANCE, Section 3.4

SSA or DHS FINAL NONCONFIRMATION, Section 3.5

Each case result requires different actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.

REFER EMPLOYEE TO SSA or DHS SUMMARY

EMPLOYER ACTION

· Print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9

· Check E-Verify for case result updates and follow steps based on case result provided

EMPLOYEE ACTION

· Visit an SSA field office or contact DHS within eight federal government working days and present the SSA TNC Further Action Notice and applicable original documents listed on Page 2 of the SSA TNC Further Action Notice

· SSA or DHS instructs employee of next steps

 

REVIEW AND UPDATE EMPLOYEE DATA

3.3.4 REVIEW AND UPDATE EMPLOYEE DATA

If SSA finds a discrepancy in the information it received in the E-Verify referral, E Verify will issue a prompt for the employer to review and update the employee’s information.

A Review and Update Employee Data case result occurs for reasons including typographical errors and/or incorrect information provided on Form I-9. This requires the employer to review Form I-9 with the employee make any necessary corrections on Form I-9, and update the information in the E-Verify case.

IMPORTANT: You may only update a case once. Ensure that the changes are correct before updating the case.

A case that is resubmitted to SSA will have one of the following case results:

EMPLOYMENT AUTHORIZED, Section 3.1

DHS VERIFICATION IN PROCESS, Section 3.2

SSA or DHS TENTATIVE NONCONFIRMATION (TNC), Section 3.3

SSA or DHS FINAL NONCONFIRMATION, Section 3.5

REVIEW AND UPDATE EMPLOYEE DATA SUMMARY

EMPLOYER ACTION

· Review the information on Form I-9 and E-Verify with the employee for accuracy and make any necessary changes on Form I-9

· Access the employee’s case

· If necessary, update the employee’s information in the fields provided

· Click Continue

· Follow steps based on case result provided

EMPLOYEE ACTION

· Ensure that the information provided in Section 1 of Form I-9 is accurate and make any necessary corrections

 

3.4

3.4 SSA or DHS Case in Continuance

3.4 Case in Continuance

Case in Continuance

A SSA or DHS Case in Continuance status indicates that the employee has visited an SSA field office and/or contacted DHS, but more time is needed to determine a final case result.

A Case in Continuance status indicates that the employee has visited an SSA field office and/or contacted DHS, but more time is needed to determine a final case result.

Case in Continuance

Once SSA or DHS has updated E-Verify, the case will have one of the following results:

EMPLOYMENT AUTHORIZED, Section 3.1

DHS VERIFICATION IN PROCESS, Section 3.2

REVIEW AND UPDATE EMPLOYEE DATA, Section 3.3.4

SSA or DHS FINAL NONCONFIRMATION, Section 3.5

Once SSA or DHS has updated E-Verify, the case will have one of the following results:

EMPLOYMENT AUTHORIZED, Section 3.1

VERIFICATION IN PROCESS, Section 3.2

CLOSE CASE AND RESUBMIT, Section 3.5

FINAL NONCONFIRMATION, Section 3.6

CLOSE CASE AND RESUBMIT

2.4 Close Case and Resubmit

If the expiration date entered for the employee’s U.S. passport, passport card or driver’s license is incorrect, E-Verify prompts an Error: Close Case and Resubmit case result and processing of the case cannot continue.

Because document information for a case that has already been submitted cannot be changed, the case must be closed and a new case created with correct information. The employer should select the closure statement option,The case is being closed because the data entered is incorrect, and close this case. Now, the employer can create a new case for this employee using the correct document expiration date.

IMPORTANT: E‑Verify can confirm the employment eligibility of this employee once the new case is created and the correct document expiration date has been entered.

3.5 CLOSE CASE AND RESUBMIT

Your employee’s case may receive a Close Case and Resubmit case result if SSA and/or DHS are unable to process the case and confirm employment eligibility. The employer should close the case in E-Verify and create a new case. When the user clicks Close and Create a New Case, the case is automatically closed and E-Verify opens a new case for the user to begin entering the employee’s information from Form I-9.

CLOSE CASE AND RESUBMIT SUMMARY

EMPLOYER ACTION

· Receive Close Case and Resubmit Case Result

· Click Close and Create a New Case button.

· Create new case

EMPLOYEE ACTION

· None

Case in Continuance

SSA or DHS Final Nonconfirmation

3.6 Final Nonconfirmation

Final Nonconfirmation

An SSA or DHS Final Nonconfirmation case result is received when E-Verify cannot verify an employee’s employment eligibility after an employee has visited a SSA field office or contacted DHS during the TNC referral process. Employers must close the case once a case result of SSA or DHS Final Nonconfirmation has been provided.

The employer may terminate employment based on a case result of SSA or DHS Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 8(a) of the MOU.

A case receives a Final Nonconfirmation case result when E-Verify cannot confirm an employee’s employment eligibility after:

· The employee has visited a SSA field office and/or contacted DHS during the TNC referral process, OR

· The employee failed to visit SSA and/or call DHS within 8 federal government working days.

Employers must close the case once a case receives a Final Nonconfirmation result. The employer may terminate employment based on a case result of Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 13 of the MOU.

Final Nonconfirmation

SSA/DHS FINAL NONCONFIRMATION SUMMARY

EMPLOYER ACTION

· Receive SSA or DHS Final Nonconfirmation case result

· Close case

EMPLOYEE ACTION

· None

FINAL NONCONFIRMATION SUMMARY

EMPLOYER ACTION

· Receive Final Nonconfirmation case result

· Close case

EMPLOYEE ACTION

· None

3.6 DHS No Show

3.6 DHS No Show

A DHS No Show case result indicates that the employee did not contact DHS within eight federal government working days and is considered a Final Nonconfirmation. Employers must close E-Verify cases when they receive a Final Nonconfirmation.

Employers may terminate employment based on a case result of DHS No Show with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 8(a) in the MOU.

DHS NO SHOW SUMMARY

EMPLOYER ACTION

· Receive DHS No Show case result

· Close case

EMPLOYEE ACTION

· None

 

4.1 Close Case

To properly complete the E-Verify process, employers must close every case they create. To assist employers in making the correct choice and to reduce the number of options, E-Verify requires employers to state whether the employee is still employed. To close a case, employers follow the steps outlined in the Close Case – Process Overview.

Click Close Case.

Next, indicate whether the employee is still employed. Select Yes or No and click Continue. Your response to the question “Is (employee’s name) currently employed with this company?” will determine which case closure statement options will appear on the next screen.

Next, select the most appropriate statement and click Continue.

Next, select the most appropriate statement and click Continue.

Record the case verification number on the employee’s Form I-9, or print the case details and file it with the employee’s Form I-9.

This completes the E-Verify verification process.

To properly complete the E-Verify process, employers must close every case they create, except for cases that result in Employment Authorized, which E-Verify will automatically close. Follow the steps outlined in the Close Case – Process Overview.

 

IF THE CASE RESULT IS EMPLOYMENT AUTHORIZED:

Arrow E-Verify automatically closes the case. See Section 4.2 Case Alerts and View/Search Cases for guidance on how to search for and view existing cases in E-Verify.

Arrow Record the E-Verify Case Number on the employee’s Form I-9 or attach a copy of the case details page to the Form I-9.

Arrow This completes the E-Verify process for this case.

IF THE CASE RESULT IS FINAL NONCONFIRMATION:

Click Close Case.

Select the statement indicating whether or not you will continue to employ this individual.

If you select the option indicating you will continue to employee this individual, you must provide the reason why. Type the reason in the text box provided.

If you select the option indicating that neither of the above applies and you are closing this case for a different reason, you must select the reason you are closing the case.

If Other is selected as the reason, you must type the reason in the text box provided.

Arrow After you’ve typed a reason, click Close Case.

Arrow E-Verify displays an alert indicating the case was successfully closed.

Arrow Record the E-Verify Case Number on the employee’s Form I-9, or click the link to View/Print Case Details and attach a copy of the case details page to the Form I-9.

Arrow This completes the E-Verify process for this case.

Arrow Click Create New Case to create a new case or click Continue to be redirected to view all your cases.

IF THE CASE RESULT IS CLOSE CASE AND RESUBMIT:

Click Close and Create New Case

This case will be automatically closed and E-Verify will open a new case so you can enter the employee’s information from Form I-9 and create a new case.

This completes the E-Verify verification process for the first case.

4.1 Close Case

Every case created in E-Verify must be closed. To close a case, select one of the case closure statements. E-Verify will present only the statements that are relevant to each case because not all of the case closure statements apply to every situation.

Every case created in E-Verify must be closed. Some E-Verify case results require employers to provide additional information. When prompted, select the most appropriate statement displayed and type additional information when requested. E-Verify only presents statements that are relevant to each case because not all of the case closure reasons apply to every situation.

4.1 Close Case

NOTE – CLOSE CASE

When answering the question, “Is the employee currently employed with this company?” it is important to consider the following:

If the employee did not contest a TNC or received a Final Nonconfirmation or DHS No Show, the employer must decide whether to allow the employee to continue working. If:

· Employee’s employment is continued, select Yes.

· Employee’s employment is to be terminated, select No.

If the employee has accepted a job offer, but has not yet started work and received a TNC which the employee decided not to contest, or received a Final Nonconfirmation, decide whether to allow the employee to start work. If the employer decides to:

· Allow the employee to start work as planned, select Yes.

· Rescind the employee’s employment offer, select No.

 

4.1.1 Case Closure Statements

Arrow The employee continues to work for the employer after receiving an Employment Authorized result.

E-Verify has verified that the employee is eligible to work in the United States and the employee continues to work for the employer.

Arrow The employee continues to work for the employer after receiving a Final Nonconfirmation result.

E-Verify could not verify that this employee is authorized to work in the United States. The employee contested the Tentative Nonconfirmation (TNC), but was unable to resolve it and a Final Nonconfirmation was issued in E-Verify. The employer chooses to allow the employee to continue to work.

Arrow The employee continues to work for the employer after receiving a DHS No Show result.

E-Verify could not verify that this employee is authorized to work in the United States. The employee contested the Tentative Nonconfirmation (TNC), but did not take action to resolve it and a ‘DHS No Show’ result was issued in E-Verify. The employer chooses to allow the employee to continue to work.

Arrow The employee continues to work for the employer after choosing not to contest a Tentative Nonconfirmation.

E-Verify could not verify that this employee is authorized to work in the United States. The employee chose not to contest the Tentative Nonconfirmation (TNC). The employer chooses to allow the employee to continue to work.

Arrow The employee was terminated by the employer for receiving a Final Nonconfirmation result.

E-Verify could not verify that this employee is authorized to work in the United States. The employee had contested the Tentative Nonconfirmation (TNC), but was unable to resolve it. The employer terminated the employee after the Final Nonconfirmation result.

Arrow The employee was terminated by the employer for receiving a DHS No Show result.

E-Verify could not verify that this employee is authorized to work in the United States. The employee contested the Tentative Nonconfirmation (TNC), but did not take action to resolve it and a ‘DHS No Show’ result was issued in E-Verify. The employer terminated the employee after receiving the ‘DHS No Show’ result.

Arrow The employee was terminated by the employer for choosing not to contest a Tentative Nonconfirmation.

E-Verify could not verify that this employee is authorized to work in the United States. The employee chose not to contest the Tentative Nonconfirmation (TNC). The employer terminated the employee after the employee chose not to contest the TNC.

Arrow The employee quit working for the employer.

The employee chose to stop working for the employer.

Arrow The employee was terminated by the employer for reasons other than E‑Verify.

The employer terminated the employee for reasons unrelated to E-Verify.

Arrow This case is being closed because of technical issues with E-Verify.

This case is being closed because of technical issues with E-Verify. E-Verify was unable to process this case due to a technical issue. The employer is closing this case and needs to create a new case.

Arrow The case is being closed because another case with the same data already exists.

An E-Verify case with the same data was already created for this employee. This is a duplicate case.

NOTE: If a case is closed because another case with the same data already exists, it does not void the case or change the case result. The case will still display the last case result even though it has been closed.

Arrow The case is being closed because the data entered is incorrect.

The data entered for this employee was not correct.

NOTE: If a case is closed because the data entered is incorrect, it does not void the case or change the case result. The case will still display the last case result even though it has been closed.

Arrow The case is being closed because the document is expired.

The document presented by the employee for verification was expired. The employer is closing the case and needs to create a new case with an unexpired document.

Arrow The case is being closed because DHS or SSA instructed this employer to create a new case for this employee.

The Department of Homeland Security (DHS) or Social Security Administration (SSA) instructed the employer to create a new case for this employee because E‑Verify was unavailable, or for another reason.

Arrow The employee is no longer employed by the employer for reasons unrelated to E-Verify and the TNC process could not be completed.

The employee is not available because they are no longer working for this employer for reasons unrelated to E-Verify. The Tentative Nonconfirmation (TNC) process could not be completed.

The case is being closed because DHS or SSA instructed this employer to close the case.

The employer was directed by DHS or SSA to close this case.

 

4.1.1 Case Closure Statements

CLOSE CASE SUMMARY

EMPLOYER ACTION

· Click Close Case

· Indicate whether the employee is still employed

· Select the appropriate case closure statement

· Record case verification number on Form I-9 or print screen and file it with Form I-9

· The E-Verify process is now completed

EMPLOYEE ACTION

· None

 

4.2

4.2 Case Alerts

4.2 Case Alerts AND VIEW/SEARCH CASES

Case Alerts AND VIEW/SEARCH CASES

The E-Verify home page indicates the number of cases that require attention by a number in a red circle on the alert. Each case alert can be accessed by clicking on the alert. Cases can also be accessed through View Cases and Search Cases from the navigation menu in E-Verify. Follow the steps outlined in the Case Alerts - Process Overview to use the case alerts feature.

The E-Verify home page indicates the number of cases that require attention by a number in a red circle on the alert. Cases needing attention can be accessed by clicking on the alert or through View Cases and Search Cases from the navigation menu in E-Verify. Follow the steps outlined in the Case Alerts and View/Search Cases - Process Overview to use the case alerts feature.

4.2

CASE ALERTS PROCESS OVERVIEW

CASE ALERTS AND VIEW/SEARCH CASES – PROCESS OVERVIEW

CASE ALERTS AND VIEW/SEARCH CASES – PROCESS OVERVIEW

· E-Verify user homepage display with no case alerts.

· Click on the alert requiring your attention to access your case alert(s). Case alerts can also be accessed:

· From Cases, select Search Cases.

· Determine your search criteria and click Search.

Arrow E-Verify user homepage display with no case alerts

Arrow E-Verify user homepage display with case alerts.

Arrow Click on the alert requiring your attention to access your case alert(s).

CASE ALERTS CAN ALSO BE ACCESSED:

Arrow From the E-Verify Home Page, click the drop-down arrow next to Cases and select View Cases or Search Cases. Both screens offer the same search features to locate existing cases in E-Verify.

Arrow The View/Search Cases screen displays open cases by default. Click the button next to a different case status on the left side of the screen to display and search for cases with a different status.

Arrow To view and search cases created during a specific time period, type the begin date in the From field and type the end date in the To field under the Date Submitted section.

Arrow Press Enter to display search results.

Arrow Click Clear Filters to remove dates entered under the Date Submitted section. E-Verify displays open cases by default.

Arrow You may further narrow the search by entering an identifier in the Search By field. Click the drop-down arrow next to Search By and select one of the following options:

o Last Name

o First Name

o Case Verification Number

o Alien Number

o Social Security Number

o I-94 Number

o Passport Number

Arrow Type the corresponding name or number in the Search By text box.

Arrow Press Enter to view cases containing the criteria you entered.

Arrow Displayed cases can be sorted by Case Number, Case Status, Date Hired, or Last Name. Click the drop-down arrow next to Sort by on the right side of the screen and select the category you wish to sort.

NOTE: If there are more cases than the screen can display, you will see blue arrows on the bottom right side of the screen. Click the right pointing arrow to page through all cases with the criteria you specified. Click the left pointing arrow to page back to the beginning of the list.

Arrow To remove criteria entered in the Search By field, click in the text box where you entered a name or number and delete the information entered, then press Enter.

Arrow Once you locate your case, click anywhere in the box containing the case information to open and continue processing the case.

4.2.1 Open cases to be closed

Any case created in E-Verify and assigned a case verification number must be closed. The Open Cases to be Closed case alert provides quick access to all cases that need to be closed. Features of this tab include:

Sort cases by: status, last name, first name, case number or hire date

A quick link to each case by clicking on the case number

Any E-Verify case assigned a case verification number must be closed. The Open Cases to be Closed case alert provides quick access to all cases that must be closed.

4.2.3 Work Authorization Documents Expiring

The alert will appear in E-Verify 90 days prior to expiration and can be dismissed by the user. Also, the alert only appears the first time the document expires—subsequent expiration dates will not activate this case alert.

This alert will only appear if the document the employee presented for the original E‑Verify case was either an Employment Authorization Document (Form I-766) or an Arrival-Departure Record (Form I-94). The alert will appear in E-Verify 90 days prior to expiration. Also, the alert only appears when the Form I-766 or Form I-94 used for the E-Verify case expires—subsequent expiration dates will not activate another case alert.

Note: If you have employees who are Temporary Protected Status (TPS) beneficiaries who provided a TPS-related EAD when they first started working for you, you will receive a ‘‘Work Authorization Documents Expiring’’ case alert when the autoextension period for this EAD is about to expire. This alert indicates that at the end of the autoextension period, employment authorization must be reverified in Section 3 of Form I-9. Employers should not use E-Verify for reverification.

Reports – Overview

Corporate Overview of Pilot Usage

This report displays the number of cases created by the employer within a federal government fiscal year, which begins Oct. 1 and ends Sept. 30 of the following calendar year. If the employer has not created any cases during the fiscal year, a report will appear with a total of zero. The report is available to corporate administrators and program administrators, but not general users.

Corporate Overview of Pilot Usage

This report displays the number of cases created by the employer within a federal government fiscal year, which begins Oct. 1 and ends Sept. 30 of the following calendar year. If the employer has not created any cases during the fiscal year, a report will appear with a total of zero. The report is available to corporate administrators and program administrators.

Reports – Overview

Historic Records Report

This report provides case data about each resolved case that is 10 years or older. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as Social Security number or document number. This report is available to users for 3 months in the fall of each year.

Historic Records Report

This report provides case data about each resolved case that is 10 years or older. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as Social Security number or document number. This report is available to corporate administrators and program administrators for 3 months in the fall of each year.

Reports – Overview

Quick Audit Report

This report provides case data about each case that matches the user-entered search criteria in the .csv file format. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as SSNs or document numbers. This report was designed to satisfy the requirement of employers to report their E Verify activity to federal, state, or local government entities. Users should note that this report may contain up to 5,000 rows and is populated with the city and state that is associated with their account.

Quick Audit Report

This report provides case data about each case that matches the user-entered search criteria in the .csv file format. The case data includes basic company and case identifiers and case resolution information. The case data does not include sensitive employee information such as SSNs or document numbers. This report was designed to satisfy the requirement of employers to report their E Verify activity to federal, state, or local government entities. Users should note that this report may contain up to 5,000 rows and is populated with the city and state that is associated with their account. This report is available to corporate administrators and program administrators.

Reports – Overview

User Roles

Overview of user roles

6.1 Overview of User Roles

Permissions and functions in E-Verify granted to the user differ for each user role. There are two user roles: program administrator and general user.

Every employer account must have at least one program administrator who provides support for the general user and manages the company profile. Employers can choose to have general users who will only be able to create and manage their own cases. General users and program administrators must successfully complete the online E‑Verify tutorial before they can create or manage cases.

The User Role Functions Overview provides an explanation of the functions of each user role.

Enrolled employers can assign their users with different permissions and functions, depending upon the user’s role. There are two types of users: program administrators and general users. Program administrators provide support for the general user and manage the company profile. Employers are required to have at least one program administrator, and can have as many program administrators as they choose.

General users are only able to create and manage cases. Employers are not required to have general users, but can have as many general users as they choose.

General users and program administrators must successfully complete the online E‑Verify tutorial before they can create or manage cases. Review the permissions of each user role in the User Role Overview below.

USER ROLE OVERVIEW

USER ROLE FUNCTIONS - OVERVIEW

Program Administrator (at least one required)

Add Users Unlock Users Update Cases View Cases Create Cases

General User (optional)

Update Cases View Cases Create Cases

Program Administrator

(at least one required) Every E-Verify account must have at least one program administrator. The program administrator is responsible for following all E Verify program rules and staying informed of changes to E Verify policies and procedures.

The program administrator role includes functions of a general user.

Permissions include:

· Registering new users

· Creating user accounts for other program administrators and general users

· Creating and managing cases

· Viewing reports

· Updating profile information for other program administrators general users, and themselves

· Unlocking user accounts

· Closing company and user accounts

General User

(optional) Employers can have as many or no general users as they desire. The general user is responsible for following all E Verify program rules and staying informed of changes to E Verify policies and procedures.

Permissions include:

· Creating and managing cases

· Viewing reports

· Updating their own user profile

6.2 User ID and Password Creation

After creating a new password, E-Verify will prompt the user to confirm or update his or her email address and phone number.

After creating a new password, E-Verify will prompt users to confirm their email address and telephone number, and provide updates, if necessary.

7.3 Edit company profile

 

Program administrators must maintain accurate company information in the company profile. The company profile should be updated whenever there is a change in any information contained in the company profile.

7.3.1 Company Information Fields

COMPANY INFORMATION OVERVIEW

 

Total Hiring Sites

Locations where your company’s employees are hired. Typically, a hiring site is where an employee completes Form I-9.

7.3.2 Update Points of Contact

Every employer must have at least one person assigned as a point of contact for E Verify issues. Program administrators added during account enrollment are automatically assigned as points of contact. To update the point of contact, see the Update Points of Contact – Process Overview.

Every employer must have at least one person assigned as a point of contact for E‑Verify issues. Program administrators added during account enrollment are automatically assigned as points of contact. Employers should keep their point of contact information up-to-date. E-Verify will rely on this information if it ever needs to contact the employer. To update the point of contact information when it changes, see the Update Points of Contact – Process Overview.

7.3.4

7.3.4 ADD NEW HIRING SITE(S)

7.3.4 Update Hiring Site(s)

Update Hiring Site(s)

REMINDER

If the employer has more than one E-Verify employer account and wishes that all accounts be terminated, the employer must make separate requests to terminate each employer account in order for them to all be closed.

REMINDER

Employers with more than one E-Verify employer account must make separate requests to terminate each employer account it wants terminated in order for them to all be closed.

Appendix B: Glossary

Alien (Noncitizen)

An individual who is not a citizen or national of the United States

Alien (Noncitizen)

An individual who is not a citizen or national of the United States. “Foreign national” is a synonym and used outside of statutes when referring to noncitizens of the U.S.

Appendix B: Glossary

Case in Continuance

This response is given if the SocialSecurity Administration (SSA) or the U.S. Department of Homeland Security (DHS) needs more than 10 federal government workdays to resolve a case. The employee continues to work until a final case status is provided in E-Verify from SSA or DHS.

Case in Continuance

This response is given if the Social Security Administration (SSA) or the U.S. Department of Homeland Security (DHS) needs more than 10 federal government working days to provide a final case result. The employer may not terminate or take adverse action against an employee because of the TNC while SSA or DHS is reviewing the employee’s case.

Appendix B: Glossary

 

Close Case and Resubmit

This case result means SSA or DHS needs the case to be closed and the employer should create and submit another case. This result may be issued when the employee’s U.S. Passport, Passport Card, or Driver’s License information is incorrect.

Appendix B: Glossary

Employment Authorization Document (Form I-766)

A document issued to noncitizens that are authorized to work in the United States. The most recent version of the Employment Authorization Document (Form I-766) has been issued since January 1997

Employment Authorization Document (Form I-766)

A document issued to noncitizens who are authorized to work in the United States.

Appendix B: Glossary

 

Final Nonconfirmation

If an employee’s employment eligibility cannot be verified based on the information submitted to E-Verify, or the employee failed to visit SSA and/or call DHS within 8 federal government workdays after referral, the employer will receive a Final Nonconfirmation case result in E-Verify. An employer receiving a Final Nonconfirmation response may terminate the employee and will not be civilly or criminally liable for the termination, as long as the action was taken in good faith reliance on the information provided through E‑Verify as noted in in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU.

Appendix B: Glossary

Further Action Notice

The Further Action Notice must be provided to an employee who received a tentative nonconfirmation (TNC) case result. The notice explains the TNC and possible next steps and also provides the employee with instructions for contacting SSA or DHS to resolve the mismatch that caused the TNC

Further Action Notice

A notice generated from E-Verify that the employer must give to an employee whose E-Verify case receives a Tentative Nonconfirmation (TNC). Employees who decide to take action on the TNC must contact or visit the appropriate agency within 8 Federal Government working days with this notice to initiate resolution of the E‑Verify case.

Appendix B: Glossary

Handbook for Employers: Instructions for Completing Form I-9 (M-274)

Provides detailed instructions on how to complete and retain Form I-9.

Handbook for Employers (M-274)

Provides detailed instructions on how to complete and retain Form I-9, Employment Eligibility Verification.

Appendix B: Glossary

 

Hire Date

Hire Date is also known as the employee’s first day of employment. Please see Employee’s First Day of Employment for more information.

Appendix B: Glossary

 

Interim Case Status

Certain initial E-Verify results that require additional action before E-Verify can provide a final case result. Interim case results include Tentative Nonconfirmation, Verification in Process, and Case in Continuance.

Appendix B: Glossary

Request Name Review

In some cases E-Verify returns a case result of ‘Employment Authorized,’ but the name shown as authorized does not match exactly the name you entered into E-Verify from the employee’s Form I-9. This can happen because of name variations in U.S. Department of Homeland Security (DHS) records.

If the names do not match, the case must be sent to DHS for review. Taking this step ensures that the record associated with the ‘Employment Authorized’ case result belongs to the employee whose information was entered into E-Verify.

 

Appendix B: Glossary

Review and Update Employee Data

In some instances, a case status of ‘Review and Update Employee Data’ may occur. This means that the Social Security Administration (SSA) found a discrepancy in the information it received in the E-Verify referral. This may occur because of typographical errors and/or incorrect information on Form I-9. The Form I-9 will need to be reviewed with the employee, the information corrected as applicable and then the case may be resubmitted.

 
ymbenadada Fri, 02/02/2018 - 21:57
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