1.5 USER RULES AND RESPONSIBILITIES
All 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, you should periodically review all of the program rules and employer responsibilities.
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.
All E-Verify users must follow the guidelines specified in the Rules and Responsibilities Overview.
RULES AND RESPONSIBLITIES OVERVIEW
Employers who participate in E-Verify must:
- Follow E-Verify procedures for each newly hired employee while enrolled and participating in E-Verify.
- Notify each job applicant of E-Verify participation.
- 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.
- Complete Form I-9 for each newly hired employee before creating a case in E-Verify.
- Obtain a Social Security number from each newly hired employee on Form I-9.
- Ensure that Form I-9 List B identity documents have a photo.
- Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.
- Provide each employee with notice of and the opportunity to contest a 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.
- 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 an employee based on a case result unless E-Verify issues a Final Nonconfirmation.
- Terminate an employee during the E-Verify verification process because he or she receives a TNC.
- 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.
- 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.
- Selectively verify the employment eligibility of a newly hired employee.
- 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. Display the posters in a prominent place that is clearly visible to prospective employees and all employees that 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. After logging in to E-Verify, the posters are found under View Essential Resources, see Section 1.4. In addition, E-Verify recommends providing a copy of these posters with job application materials, either online or in hard copy.
E-VERIFY PARTICIPATION ENROLLMENT NOTIFICATIONS
Notice of E-Verify Participation
Provided by DHS
Right to Work Poster
Issued by Department of Justice, Immigrant and Employee Rights Section