E-Verify

A voluntary (and in some states mandatory) federal web-based system that allows employers to confirm a new hire's employment eligibility by electronically checking their information against Department of Homeland Security and Social Security Administration databases.

E-Verify is an internet-based system operated by the US Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows employers to verify the employment eligibility of newly hired employees. After an employee completes Form I-9, the employer submits the employee's information — name, date of birth, Social Security number (if provided), and document numbers from the I-9 — to E-Verify, which electronically checks the information against government databases and returns a result: Employment Authorized, Tentative Nonconfirmation (TNC), or Case in Continuance. The process typically takes three to five seconds and is completed online.

E-Verify is federally voluntary for most private employers, but it is mandated for federal government contractors and subcontractors by Executive Order 13465 and the Federal Acquisition Regulation. It is also required by law in a growing number of states — as of 2024, about half of US states have enacted some form of mandatory E-Verify requirement, either for all employers, for state contractors, or for employers above a certain size. In states without a mandate, employers may still use E-Verify voluntarily. Employers who use E-Verify must do so for all new hires — not selectively — to avoid claims of discriminatory application.

When E-Verify returns a Tentative Nonconfirmation (TNC), it means the information submitted doesn't match government records. This does not necessarily mean the employee is unauthorized to work — mismatches occur due to data entry errors, name changes not yet reflected in government databases, recent naturalization not yet updated in SSA records, or genuine database errors. Employees who receive a TNC have the right to contest it: they receive a Further Action Notice explaining the mismatch and have eight federal government business days to contact the relevant agency (DHS or SSA) to resolve the discrepancy. Employers cannot terminate or take adverse action against an employee solely because of a TNC — they must allow the employee to work while the contest period is open.

E-Verify does not replace the I-9 — it supplements it. Employers who use E-Verify are still required to complete a paper or electronic I-9 for every employee and are still subject to I-9 audits by Immigration and Customs Enforcement (ICE). E-Verify also does not guarantee that an employee is legally authorized to work — it only checks whether the documents presented appear to be valid based on government records. A person using valid but fraudulently obtained documents may pass E-Verify. Conversely, a person who is fully authorized may receive a TNC if their information isn't correctly reflected in government databases. E-Verify is a compliance tool, not a perfect identity verification system.

The E-Verify Process Step by Step

  • Employee completes Form I-9 and presents acceptable documents — E-Verify can only be initiated after the I-9 is completed.
  • Employer creates a case in E-Verify using the employee's information from the I-9 — typically within three business days of the employee's first day of work.
  • E-Verify checks the information against DHS and SSA databases and returns a result, typically within seconds.
  • Employment Authorized: the case is closed; the employee is confirmed eligible to work.
  • Tentative Nonconfirmation (TNC): a mismatch was found. Employer must notify the employee, who has the right to contest or not contest. If the employee contests, they continue working while the discrepancy is resolved (up to 8 federal business days). If they don't contest, or if the TNC becomes a Final Nonconfirmation (FNC), the employer may terminate.
  • Case in Continuance: additional time is needed for DHS or SSA to resolve the case — the employee continues working.

E-Verify for Employees: What to Know

  • You have the right to know if your employer uses E-Verify — employers must post a notice in their workplace.
  • A TNC does not mean you are unauthorized to work and does not mean your employer can terminate you — you have the right to contest and continue working during the resolution period.
  • Common causes of TNCs include name discrepancies (hyphenated names, name changes after marriage or naturalization), recent status changes not yet reflected in databases, and data entry errors by the employer.
  • If you believe your information was submitted to E-Verify before your I-9 was completed, or if an employer threatens adverse action based on a TNC, you can file a complaint with the DHS Office for Civil Rights and Civil Liberties.
  • Employers cannot use E-Verify selectively — applying it to some nationalities or perceived immigration statuses and not others is unlawful discrimination.

E-Verify and Federal Contractor Requirements

  • Federal government contractors with contracts of $150,000 or more and contract performance periods of more than 120 days are required to use E-Verify for all new hires and for all existing employees assigned to the federal contract.
  • Subcontractors on federal contracts above $3,000 may also be required to use E-Verify depending on contract terms.
  • State and local government contractors face separate requirements that vary by state.
  • Employers who are required to use E-Verify and fail to do so may face contract suspension, debarment from future federal contracts, and civil penalties.

Example

A startup receives its first federal government contract. Legal counsel advises that the contract's value and duration trigger mandatory E-Verify participation under the Federal Acquisition Regulation. The company enrolls in E-Verify, trains its HR manager on the system, and begins submitting cases for all new hires within three business days of their start dates. A new hire's case returns a TNC because her name in the SSA database still reflects her pre-marriage name, which doesn't match her current legal name on her Social Security card. HR notifies her, she contacts the SSA to update her records, the TNC is resolved to Employment Authorized within four business days, and she continues working throughout the resolution period without interruption.