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.
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 prospective employees and all employees, including those hired to work in a remote setting of E-Verify participation by clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and Spanish. This can include displaying the posters digitally, online, in hard copy at physical locations, and providing a copy of the posters with job application materials. 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 (mismatch).
- 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.
- Use E-Verify to discriminate against you on the basis of your race, color, religion, sex (pregnancy, gender identity, sexual orientation), national origin, age (40 or over), disability, or genetic information.
- 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 mismatch result, unless E- Verify issues a case result of Final Nonconfirmation.
- Share any user ID and/or password.
E-Verify Participation Notifications
Notice of E-Verify Participation
Provided by DHS
Right to Work Poster
Issued by Department of Justice, Immigrant and Employee Rights Section