E-Verify: Employer Do's and Don'ts

Employers that use E-Verify to electronically confirm the work eligibility of their new hires must follow certain rules to treat their employees fairly. Participating employers must display Notice of E-Verify Participation and Right to Work posters in English and Spanish. All APA members should be aware of the following E-Verify employer do's and don'ts:

DO's - E-Verify employers must:

  • Provide an employee with the Further Action Notice (FAN) if the employee receives a Tentative Nonconfirmation (TNC). The FAN includes information about how to contest a TNC.
  • Give an employee the opportunity to contest, if the employee receives a TNC.
  • Provide an employee with a Referral Date Confirmation if the employee decides to contest a TNC. The Referral Date Confirmation provides the employee with the date by which the employee must visit the Social Security Administration (SSA) or contact the Department of Homeland Security (DHS) to resolve the TNC.
  • Allow an employee eight federal government work days to visit an SSA field office or contact DHS to resolve the TNC.
DON'Ts - E-Verify employers must not:
  • Use E-Verify before an employee has accepted an offer of employment and completed Section 1 of Form I-9, Employment Eligibility Verification.
  • Use E-Verify to discriminate against an employee on the basis of the employee's citizenship, immigration status, or national origin.
  • Use E-Verify to verify a current employee, unless the employer has a federal contract with the Federal Acquisition Regulation (FAR) E-Verify clause.
  • Take adverse action against an employee, including terminating employment, suspending employment, withholding pay or training, delaying a start date, or otherwise limiting employment, because the employee decided to contest a TNC or because the employee's E-Verify case is still pending.
  • Use E-Verify to re-verify a current employee whose employment authorization has expired. Instead, the employer must complete Section 3 of Form I-9.
What Employees Can Do

Employees can use Self Check to confirm their own employment eligibility. Self Check is free, easy to use, and lets employees confirm that their employment eligibility information is accurate by checking it against the same databases E-Verify uses.

More Information

Employees can learn more about their rights through my E-Verify, a free web-based service for employees. If employees have questions about their rights in the employment eligibility verification process or feel their rights have been violated, they should contact the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section at 1-800-255-7688.

Compliance TV - September

Compliance TV is your source for payroll compliance news.

Compliance TV on You Tube