FOR MORE ON E-VERIFY:
also provide those agencies with information regarding ongoing administrative and criminal investigations when requested.
How Does E-Verify Work?
Employers submit information provided on an employee's Form I-9 in to the E-Verify website. The EVerify system will return one of three results:
• Employment Authorized: the employee is
authorized to work.
• SSA Tentative Nonconfirmation (TNC): there is
an information mismatch in the SSA database.
• DHS Verification in Process: DHS will usually
respond within 24 hours with:
• Employment Authorized or
• DHS Tentative Nonconfirmation
If the employee is Employment Authorized, employers record the result and close the case in E-Verify
to complete the Form I-9/E-Verify process. If the employee receives a TNC, however, the employer must
follow specific detailed steps to resolve the TNC. Failure to follow the TNC process can result in significant
Employers must complete the Form I-9 before entering any employee information into E-Verify. Employers must enter the employee's Form I-9 information into E-Verify for all newly-hired employees no
later than the third business day after the employees'
start date. If the employee does not have a Social Security number (SSN), the employer must note the Form
I-9 and set it aside until the employee obtains an SSN.
The employer will need to monitor and follow up with
the employee and should create an E-Verify case once
the employee has an SSN.
Dotting the Is and Crossing the Ts of
I-9 Compliance (Conference Recording)
Fundamentals of Employer Sanctions:
I-9s for Beginners (Conference Recording)
The New Form I-9 and How It Affects You
Once enrolled in E-Verify, employers are required
to post certain notices in English and Spanish in an
area visible to prospective employees (which may include the employer's website):
• E-Verify participation
• OSC anti-discrimination notice
Additional Form I-9
When an employer participates in E-Verify, the
Form I-9 rules for that employer alter slightly. For
example, if an employee presents a "List B" identity
document during the Form I-9 process, E-Verify users may only accept it if it contains a photo. In addition, the E-Verify photo match tool allows the
employer to match the photo on a document to the
photo that DHS has on file for that employee, which
helps to detect document fraud. As a result, if an employee chooses to provide one of the following documents, the employer is required to make a photocopy
of the document and retain it with the Form I-9:
J ULY/ A UGUST 2013