EMPLOYEE RIGHTS AND RESPONSIBILITIES
It is important that you know your rights and responsibilities when you apply to work for an employer who participates in E-Verify. Employers who use E-Verify must follow E-Verify rules and responsibilities and protect the privacy of their employees. If you believe an employer is not following the E-Verify rules listed in the Employee Rights Overview or has discriminated against you, we encourage you to report it.
You have the right to:
- Know if your employer participates in E-Verify. Employers must post the E-Verify “Notice of Participation” and the Department of Justice “Right to Work” posters in English and Spanish.
- Know if you receive a Tentative Nonconfirmation (TNC). Your employer must give you a Further Action Notice in English and a translated version, if appropriate, with information on how to contest the TNC. That notice will indicate whether the U.S. Department of Homeland Security (DHS) or the Social Security Administration (SSA) issued the TNC.
- Have the opportunity to contest a TNC.
- Receive a Referral Date Confirmation if you decide to contest a TNC. The Referral Date Confirmation has the deadline to visit SSA or call DHS.
- Start and continue working during the E-Verify process, including while you are in the process of contesting a TNC.
An employer that participates in E-Verify MUST NOT:
- Use E-Verify before you accept an offer of employment and complete Form I-9.
- Use E-Verify to discriminate against you on the basis of your citizenship, immigration status, or national origin.
- Use E-Verify to re-verify you if you are an existing employee. There is an exception for some employers with a federal contract with the Federal Acquisition Regulation (FAR) E-Verify clause.
- Terminate your, suspend you, refuse to pay you for work completed, refuse to train you, delay your start date, or take any other adverse action against you solely because you contest a TNC or have a pending E-Verify case with DHS or SSA.
- Use E-Verify to re-verify you if you are an existing employee whose employment authorization has expired. Your employer must complete Form I-9 Section 3 when reverification is required.
- Specify or request which Form I-9 documentation you must present.
You have the responsibility to:
- Ensure that the information you provide on Form I-9, Employment Eligibility Verification is accurate.
- Write your legal name consistently when you complete your Form I-9.
Review the Tips to Prevent a Tentative Nonconfirmation.
IMPORTANT: If you recently changed your name or citizenship or immigration status, notify SSA. This will decrease your chance of getting an SSA Tentative Nonconfirmation (TNC) by ensuring your SSA records are correct.
If your employer notifies you that your E-Verify case resulted in a TNC:
- Review the Further Action Notice to ensure that your personal information is correct on the notice. Tell your employer immediately if any information is incorrect.
- Decide if you will contest (take action) to correct the TNC.
IMPORTANT: If you decide not to contest a TNC, your employer may terminate your employment.
- Sign and date the Further Action Notice and return it to your employer.
Review How to Correct a Tentative Nonconfirmation for additional information.
If you contest a TNC:
- Receive the Referral Date Confirmation from your employer, which provides the date by which you must visit SSA or contact DHS.
- Visit an SSA field office or contact DHS within eight federal government work days of receiving the Referral Date Confirmation. To take action to resolve a DHS TNC, call DHS at 888-897-7781 (TTY: 877-875-6028) and speak to a representative who will help you work through the details of your case. Or, if you have a myE-Verify account, you can submit documents to DHS electronically that show your employment authorization and then call DHS at 888-897-7781 (TTY: 877-875-6028) to resolve your case.