EMPLOYEE RIGHTS AND RESPONSIBILITIES

It is important that you know your rights and responsibilities when you are hired by an E-Verify employer. E-Verify employers 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 below or has discriminated against you, we encourage you to report it.

Employee Rights

You have the right to:

  • Know if your employer participates in E-Verify. Employers must display the E-Verify “Notice of Participation” and the Department of Justice “Right to Work” posters in English and Spanish. Employers should display the notices in a prominent place that is clearly visible to prospective employees and all employees whose employment eligibility will be verified with E-Verify. The employer should also provide a copy of these posters with job application materials either online or in hard copy. The posters should also be provided at the time of onboarding.
  • Know if your E-Verify case results in a Tentative Nonconfirmation (mismatch). If your E-Verify case gets a mismatch, then your employer must give you a Further Action Notice in English and a translated version, if appropriate, with information on how to take action to resolve the mismatch.
  • Have the opportunity to take action to resolve a mismatch without any adverse action against you because of the mismatch.
  • Receive a Referral Date Confirmation if you decide to take action to resolve a mismatch. The Referral Date Confirmation gives you the deadline to contact DHS or SSA to resolve the mismatch.
  • Start and continue working during the E-Verify process, including while you are resolving a mismatch.

An employer that participates in E-Verify MUST NOT:

  • Create a case for you in E-Verify you 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, race, color, religion, sex (including pregnancy), gender identity, and sexual orientation, national origin, age (40 or older), disability, or genetic information.
  • Use E-Verify to verify you if you are not a new hire. There is an exception that allows some employers with federal contracts to use E-Verify to verify existing employees.
  • Terminate or take any other adverse action against you (such as denying work, delaying training, withholding pay, or otherwise assuming that you are not authorized to work) because of your decision to take action to resolve a mismatch or because your mismatch case is still pending with DHS or SSA.
  • Use E-Verify for reverification if you are an existing employee whose temporary employment authorization has expired. Your employer must complete Section 3 of Form I-9 when reverification is required.
  • Specify or request which Form I-9 documentation you must present.

Employee Responsibilities

You have the responsibility to:

  • Ensure that the information you provide on Form I-9, Employment Eligibility Verification is accurate.
  • Write your legal name when you complete your Form I-9.
    Review the Tips to Prevent a Tentative Nonconfirmation (Mismatch).
    IMPORTANT: If you recently changed your name, citizenship or immigration status, notify SSA. This will decrease your chance of getting an SSA mismatch by ensuring your SSA records are correct.

If your employer notifies you that your E-Verify case resulted in a mismatch:

  • Review the Further Action Notice to ensure that your personal information on the notice is correct. Tell your employer immediately if any information is incorrect.
  • Decide if you will take action to resolve the mismatch and communicate your decision to your employer as soon as possible.
    IMPORTANT: If you decide not to take action to resolve a mismatch, 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 choose to take action to resolve a mismatch:

  • Your employer will provide you the Referral Date Confirmation, which includes the date by which you must contact DHS and/or SSA.
  • Contact DHS and/or SSA within eight federal government working days of receiving the Referral Date Confirmation. To take action to resolve a DHS mismatch, upload and submit your documents that show your employment authorization to DHS electronically using myE-Verify account. Then call DHS at 888-897-7781 (TTY: 877-875-6028) to resolve your case. If you are unable to create a myE-Verify account, 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.
Employee Rights

This joint webinar hosted by USCIS and Immigrant and Employee Rights (IER) discusses employee rights and anti-discrimination provisions during the E-Verify and Form I-9 employment eligibility verification processes. This webinar, useful for workers, worker advocates, job seekers, and employers, is eligible for 1 professional development credit through SHRM and HRCI.

Estimated duration: 1 hour.

SHRM LogoHRCI

To attend, select 'View Availability' below to see available dates and times:


VIEW AVAILABILITY
Last Updated Date: