Verifying Employment Eligibility: A Guide to E-Verify and Documentation

Understanding the E-Verify Process

E-Verify is a web-based system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to electronically confirm the employment eligibility of new hires by comparing information from the Form I-9, Employment Eligibility Verification, against federal government records. While federal participation is largely voluntary for most private employers, it is mandatory for federal contractors and required by law in an increasing number of U.S. states.

The Role of Form I-9

The foundation of the E-Verify process is the Form I-9. Every new employee in the United States, regardless of citizenship status, must complete this form. The process is divided into two primary sections:

* Section 1 (Employee): Must be completed by the employee no later than their first day of work. You must provide personal information and attest to your citizenship or immigration status.
* Section 2 (Employer): Must be completed by the employer within three business days of your first day of work. During this step, you must present original documents from the USCIS “Lists of Acceptable Documents” to prove both your identity and your authorization to work.

Required Documentation for Verification

When completing Section 2 of Form I-9, you are required to present documents that fall into one of three categories:

* List A: Documents that establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card, or Employment Authorization Document).
* List B: Documents that establish identity only (e.g., Driver’s License or state-issued ID card).
* List C: Documents that establish employment authorization only (e.g., Social Security card or U.S. Birth Certificate).

If you provide a document from List A, you do not need to provide any other documents. If you choose not to use a List A document, you must present one document from List B and one from List C.

What Happens During E-Verify?

Once your employer has your completed Form I-9, they will create an E-Verify case. The system returns an initial result within seconds. Most cases result in an “Employment Authorized” status. However, if the information provided does not match government records, you may receive a “Tentative Nonconfirmation” (TNC), also known as a mismatch.

Handling Mismatches

If you receive a TNC, it does not necessarily mean you are unauthorized to work. It simply means the information entered into E-Verify does not match DHS or SSA records. You have the right to:

  • Contest the TNC: You can choose to challenge the result. Your employer must provide you with a notice explaining the steps to resolve the discrepancy.
  • Continue Working: During the time it takes to resolve a TNC, your employer may not fire, suspend, or otherwise discriminate against you based on the mismatch.
  • Correct Records: You may need to visit an SSA field office or contact DHS to update your personal information and resolve the error.

    • Employee Rights and Best Practices

    As a worker, you have specific protections. Employers are prohibited from using E-Verify to prescreen job applicants or to target specific employees based on national origin or citizenship status. Always ensure the information you provide on your Form I-9 is accurate and matches the documents you present. Utilizing free resources like the “myE-Verify” portal can help you monitor your own records and ensure your information is up to date, significantly reducing the likelihood of encountering errors during the hiring process.