USCIS protects E-Verify against program misuse through monitoring and compliance activities conducted by E-Verify Account Compliance. Account Compliance monitors employer activity and notifies non-compliant employers of issues and offers them assistance to resolve non-compliance. Account Compliance may terminate an employer’s E-Verify account and/or refer employers to Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) or other investigative or law enforcement agencies.

Some common mistakes participants make include the following:

• Requesting employees to present specific or unnecessary extra Form I-9 documentation;
• Selecting an incorrect List B document option from the E-Verify drop-down menu when creating the case;
• Accepting a restricted Social Security Card;
• Not ensuring the employee’s Form I-9 List B identity documents have a photo;
• Failing to enter the employee’s email address when it was provided on their Form I-9;
• Creating duplicate cases for the same employee without having a valid reason;
• Failing to create a case no later than the third business day after the employee started work for pay;
• Not making a legible copy of the front and back of the List A documents that trigger the photo matching tool;
• Creating cases for employees who were hired before the effective date of the employer’s MOU; and
• Requiring an employee to use E-Verify Self-Check or myE-Verify.
• Not having a program administrator listed on the E-Verify account;
• Failing to update the points of contact on the E-Verify account;
• Failing to download a Further Action Notice and provide it to the employee;
• Taking premature adverse action against or terminating employees who received a mismatch;
• Having Tentative Nonconfirmation (mismatch) cases that remain open and without action for more than 10 federal government working days after E-Verify issued the mismatch;
• Using incorrect case closure statements;
• Failing to close open cases with final case results; and
• Failure to notify DHS of an individual’s continued employment following a Final Nonconfirmation result.