MONITORING AND COMPLIANCE

USCIS protects E-Verify against system misuse through monitoring and compliance activities, such as identifying and resolving compliance issues, notifying employers of noncompliant behaviors, and offering compliance assistance in the form of emails, phone calls, desk reviews, and site visits. These monitoring and compliance activities assist and encourage E-Verify participants to use E-Verify as required by laws, rules, regulations and agency policies applicable to E-Verify and Form I-9, Employment Eligibility Verification. E-Verify Monitoring and Compliance:

  • Detects employer misuse.
  • Identifies and deters possible discriminatory practices.
  • Gives guidance on the proper use of E-Verify.
  • Contacts employers about potential case processing errors.
  • Conducts desk reviews and site visits to assist employers with E-Verify program compliance.

Desk reviews take place by email and phone. Site visits take place in person. Both are opportunities for E-Verify staff and E-Verify participants and their users to discuss observations and recommendations.

USCIS conducts these monitoring and compliance activities to prevent misuse, abuse, discrimination, breach of privacy, and fraudulent use of E-Verify under applicable laws, rules, regulations and agency policies.

Improper use of E-Verify or Form I-9 indicating potential fraud, discrimination, or other illegal activities may be referred to Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) or other investigative or law enforcement agencies.

Compliance Activities FY14 through FY17 (PDF, 91.18 KB)

When Creating E-Verify Cases

DO:
  • Review acceptable documents from Form I-9 Lists of Acceptable Documents.
  • Review an identity document with a photo if the employee presented a List B document.
  • Create a case for each newly hired employee no later than the third business day after the employee starts work for pay.
  • Enter the employee’s email address in E-Verify if it was provided on Form I-9.
  • Provide each employee who receives a Tentative Nonconfirmation (TNC) with notice and the opportunity to contest it.
  • Print Further Action Notices and discuss them privately with employees who receive a TNC.
  • Close cases properly.
  • Safeguard all personally identifiable information.
DO NOT:
  • Discriminate against workers because of their national origin, citizenship, or immigration status.
  • Verify employees hired before November 7, 1986.
  • Request specific documents from employees when completing Form I-9.
  • Create cases for employees hired before the employer enrolled in E-Verify.*
  • Create duplicate cases for the same employee.
  • Terminate or take adverse action against an employee because he or she receives a TNC.
  • Share any login information, including user ID and password.

*Certain federal contractors may use E-Verify for employees hired before their enrolled in E-Verify

Self-Assessment Guides and Webinars

The E-Verify Self-Assessment Guides help employers evaluate their E-Verify practices and stay in compliance with E-Verify requirements. They are also useful training tools. These guides include information on self-assessment processes that will help employers:

  • Detect, resolve, and prevent noncompliant activities quickly and effectively;
  • Improve the efficiency of employment operations and human resource management; and
  • Promote proper use of E-Verify.

The E-Verify Self-Assessment Guides and other helpful references are available on the Resources page.

To attend a free webinar, please go to E-Verify Webinars.