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 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
Provided by DHS
Right to Work Poster
Issued by Department of Justice, Immigrant and Employee Rights Section