E-Verify

A free federal system that checks an employee's Form I-9 data against government records to confirm work authorization. It supplements the I-9; it does not replace it, and once you enroll you must run it for every new hire.

See the Step-by-Step ProcessEnrollment Resources
Heads up, do you actually have to use E-Verify? Federally, it's voluntary for most employers. You are required to enroll if (1) you hold a federal contract or subcontract containing the FAR E-Verify clause, or (2) your state mandates it. Roughly a dozen states require E-Verify for all or most private employers, and about twenty have some form of requirement (including for public employers or state contractors). State rules and employee-count thresholds change frequently, so confirm your current state requirement before relying on the table below.
What A federal online system that confirms an employee's work authorization by matching Form I-9 data against DHS and SSA records. It supplements, but does not replace, the I-9.
Who Voluntary for most private employers. Mandatory for federal contractors with the FAR E-Verify clause and for employers in states that require it.
When Create a case no later than the third business day after the employee starts work for pay, after the I-9 is complete. E-Verify may not be used before a job offer is accepted or to prescreen applicants.
Risk Misusing E-Verify (selective verification, prescreening, or taking adverse action against an employee with an unresolved TNC) can trigger anti-discrimination liability under INA §274B and termination of your E-Verify access. For mandate states, non-enrollment can carry state penalties up to and including loss of business licenses.
3
Create the case

By the end of the third business day after the start of work for pay.

30
Contractor enrollment

Within 30 calendar days of a contract award with the FAR E-Verify clause.

10
TNC response

The employee has 10 federal working days to contact SSA or DHS after deciding to contest.

Trigger Due Date / Window Notes
New-hire case creation By end of the 3rd business day after start of work for pay Complete the I-9 first. Do not create a case before the employee accepts the offer or before the first day of work.
Federal contractor: enroll in E-Verify Within 30 calendar days of award of a contract with the FAR E-Verify clause Enroll specifically as a "federal contractor with the FAR E-Verify clause."
Federal contractor: begin verifying new hires Within 90 calendar days of enrollment After that, the standard 3-business-day rule applies to each new hire.
Federal contractor: existing employees on the contract Within 90 days of enrollment or 30 days of assignment, whichever is later Contractors may instead elect to verify their entire existing workforce.
Tentative Nonconfirmation (TNC): employee response 10 federal government working days to contact SSA/DHS after deciding to contest No adverse action while a TNC is unresolved or being contested.
Trigger: New-hire case creation
Window: By end of the 3rd business day after start of work for pay
Notes: Complete the I-9 first. Do not create a case before the offer is accepted or before the first day of work.
Trigger: Federal contractor: enroll
Window: Within 30 calendar days of award of a FAR E-Verify clause contract
Notes: Enroll as a "federal contractor with the FAR E-Verify clause."
Trigger: Federal contractor: begin verifying new hires
Window: Within 90 calendar days of enrollment
Notes: After that, the standard 3-business-day rule applies.
Trigger: Federal contractor: existing employees on the contract
Window: Within 90 days of enrollment or 30 days of assignment, whichever is later
Notes: Contractors may instead verify their entire existing workforce.
Trigger: TNC: employee response
Window: 10 federal government working days to contact SSA/DHS after deciding to contest
Notes: No adverse action while a TNC is unresolved or being contested.
  • A completed Form I-9 for the employee. E-Verify pulls its data from the I-9, so it must be done first. (See the Form I-9 page.)
  • Memorandum of Understanding (MOU): The electronic agreement you sign at enrollment, setting out your obligations as an E-Verify employer.
  • Employer identifiers: Company name, EIN, NAICS code, number of hiring sites, and the states where you'll verify.
  • Employee I-9 data for each case: Name, date of birth, Social Security number (E-Verify requires the SSN even though it's optional on a non-E-Verify I-9), citizenship/immigration status, and document numbers from Section 2.
  • Required posters: The E-Verify Participation poster and the "Right to Work" poster (English and Spanish), displayed where applicants and employees can see them.
  • Program administrator: A designated person trained on the E-Verify tutorial to manage cases and TNCs.
1
Enroll and sign the MOURegister at E-Verify.gov, choose your access method and the hiring sites you'll verify, and complete the tutorial. Federal contractors enroll in the federal-contractor category.
2
Display the postersPost the E-Verify Participation and Right to Work notices where applicants and employees will see them.
3
Complete the Form I-9 firstFor each new hire, finish the I-9 by Day 3 as usual.
4
Create the E-Verify caseEnter the I-9 data by the third business day after the start date. Most cases return "Employment Authorized" within seconds.
5
If you get a TNC, follow the process exactlyNotify the employee privately, give them the Further Action Notice, and let them decide whether to contest, without taking any adverse action while it's pending (see the TNC section below).
6
Close every caseRecord the case verification number and final result. Keep E-Verify records with the related I-9.

A TNC means the data didn't match a government record, not that the person is unauthorized. The steps and the no-adverse-action rule are where employers get into trouble.

  • A TNC is not a final answer. It indicates a mismatch with SSA or DHS records that the employee may be able to resolve.
  • Notify the employee privately and promptly. Review the Further Action Notice with them and give them a copy. They decide whether to take action to resolve it.
  • If the employee contests: They generally have 10 federal government working days to contact SSA or DHS. Provide the referral materials E-Verify generates.
  • No adverse action while pending. You may not fire, suspend, withhold pay or training, or otherwise penalize an employee because of an unresolved or contested TNC.
  • Final Nonconfirmation: Only after the process concludes with a Final Nonconfirmation (or the employee chooses not to contest) may you act on the result and close the case.
  • Case resultsThe case verification number and final case result for each employee.
  • TNC documentationSigned Further Action Notices and referral date confirmations for any TNCs, plus how each was resolved.
  • MOU and administratorsYour signed MOU and a record of who your program administrators are.
  • Poster displayDocumentation of poster display.
  • RetentionKeep E-Verify records consistent with the related I-9 retention rule: 3 years after hire or 1 year after termination, whichever is later. Federal contractors should retain records for the period required by the contract.

Common traps

Prescreening applicants: You may not run E-Verify before a person is hired and has accepted the job. Prescreening is prohibited and discriminatory.
Verifying selectively: Once enrolled, you must verify every new hire at a participating site, not just those who look or sound foreign-born. Selective use is an anti-discrimination violation.
Acting on a TNC too soon: Terminating or sidelining an employee over an unresolved or contested TNC is one of the most common and costly E-Verify mistakes.
Skipping the I-9: E-Verify does not replace Form I-9. The I-9 must be completed first; E-Verify draws from it.
Re-running existing employees without a basis: Outside the federal-contractor rules, do not create E-Verify cases for existing employees; E-Verify is for new hires.

FAQs

Does E-Verify replace the Form I-9?
No. Every employer must still complete and retain a Form I-9 for each hire. E-Verify is an additional electronic check that uses the I-9 data.

We're not required to use E-Verify, should we anyway?
It's a business decision. One concrete benefit: employers enrolled in E-Verify in good standing may use the DHS remote document examination alternative for I-9s. The trade-off is the added MOU obligations and the TNC process. If you're not mandated, weigh the benefit against the administrative commitment.

Is the Social Security number required?
Yes for E-Verify employers. The SSN is needed to run a case, even though it's optional on the I-9 for non-E-Verify employers. An employee who has applied for but not yet received an SSN may start work; create the case once the SSN is available.

Can we use E-Verify to check current employees or re-verify expiring documents?
Generally no. E-Verify is for new hires (and, for federal contractors, existing employees assigned to a covered contract). Do not use E-Verify for reverification of work authorization; that's handled on Form I-9 Supplement B.

What happens if we operate in multiple states?
Apply the strictest applicable rule. If any state where you hire mandates E-Verify, you must comply there; many multi-state employers simply enroll company-wide for consistency.

State requirements vary widely and change often, so treat this as a starting point and confirm your current state law. The states below require E-Verify for all or most private employers. Thresholds and details change frequently, so verify the current rule for any state where you hire.

Applies to private employers of... States (representative)
All sizes Alabama, Arizona, Mississippi, South Carolina
Above an employee-count threshold Florida, Georgia, North Carolina, Tennessee, Utah
Other / sector-specific Louisiana, Montana, and Ohio (e.g., certain construction), among others
All sizes: Alabama, Arizona, Mississippi, South Carolina
Above a threshold: Florida, Georgia, North Carolina, Tennessee, Utah
Other / sector-specific: Louisiana, Montana, and Ohio (e.g., certain construction), among others
  • Public employers and state contractors: Many additional states require E-Verify for public agencies or for businesses that contract with the state, even where private employers aren't generally mandated.
  • Federal contractors in any state: The FAR E-Verify clause applies regardless of state law. If your contract contains it, you must use E-Verify.
  • Multi-state employers: Apply the strictest applicable requirement; many enroll company-wide for simplicity.
  • This page pairs with Form I-9: E-Verify never stands alone. Complete the I-9 for every hire first. See the Form I-9 page for the underlying verification rules.

Everything you need to enroll and run E-Verify correctly comes straight from DHS. Start at E-Verify.gov and use the official posters and guides below.