E-Verify: Fact Sheet

What is E-Verify? 

E-Verify, an online system established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, was initially introduced as a voluntary pilot program in select states including California, Florida, Illinois, Nebraska, New York, and Texas. Since its inception, E-Verify has undergone multiple renewals and expansions by Congress.   

Is participation in E-Verify mandatory? 

Although most employers have the option to participate in E-Verify voluntarily, certain employers may be obligated to use the system due to State laws or Federal regulations. In addition, 24 states have passed laws to require employers utilize E-Verify to varying degrees. Seven states have E-Verify laws that require all or most employers to use E-Verify including Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Additionally, employers with Federal contracts or subcontracts that include the Federal Acquisition Regulation (FAR) E-Verify clause are required to use the system. 

Which industries use E-Verify the most? 

Source: https://www.e-verify.gov/about-e-verify/e-verify-data/e-verify-usage-statistics  

How does E-Verify work? 

Once a new employee is hired, companies that use E-Verify, request them to complete an I-9 form or Employment Eligibility Verification Form, which includes personal details like name, social security number, address, and date of birth. E-Verify’s software then cross-checks this information with records from the Social Security Administration (SSA) and the Department of Homeland Security (DHS) to confirm the employee’s identity and authorization to work. The employer receives immediate or up to 24-hour results, indicating whether the employee is cleared for work or if there’s a potential issue.

If the information provided by the employee doesn’t align with the government databases, the employer may receive a tentative non-confirmation (TNC). The employee has eight business days to challenge this with the government. Failure to contest or an unsuccessful challenge will result in a final non-confirmation (FNC), making the employee ineligible to work. Employers must terminate the employment of any individual with an FNC or face fines ranging from $500 to $1200 per affected worker, based on factors like company size, past compliance history, efforts to follow regulations, and the severity of the violation. 

How to get more information about E-Verify? 

1. Visit the official E-Verify website at www.e-verify.gov to access information, resources, and frequently asked questions about the program. 
2. Contact the E-Verify Employer Support Hotline at 1-888-464-4218 to speak with a representative and get more information about how to enroll in the program. 
3. Attend a webinar or training session hosted by E-Verify to learn more about the program and how it can benefit your business. 
4. Reach out to your state’s Department of Labor or Employment Security office to inquire about E-Verify requirements and resources available in your area. 
5. Join online forums or discussion groups related to employment verification and E-Verify to connect with other employers and share best practices. 

EMP Trust HR E-Verify software ensures instant transmission of new hire information securely and directly, to the concerned DHS office with a request to verify work eligibility. 

The new hire information is searched for matches within the records of both DHS and SSA to verify eligibility and get instant status update. 

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