E Verify Check for Employers and Employees

E Verify check is a mandatory process for all employers in the United States, as per the Immigration Reform and Control Act (IRCA) of 1986. This law requires employers to verify the employment eligibility of all new hires.

Employers must use a combination of Form I-9 and E Verify to complete the verification process. Form I-9 is used to collect documentation from employees, while E Verify is an online system that checks the information against government databases. E Verify is not a substitute for Form I-9, but rather a complementary tool to ensure compliance.

E Verify check can take anywhere from a few minutes to a few hours to complete, depending on the employee's response and the system's processing time. Employers must also provide employees with a confirmation number and a copy of the verification result.

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Self Check is a great tool for job seekers because it gives you the chance to confirm your work authorization or correct your records before you start your next job.

Employers cannot require employees or job applicants to use Self Check. It's a voluntary service.

You can use Self Check to confirm that your employment eligibility information is correct by checking it against the same databases E-Verify uses when employers create a case.

Self Check is a free and secure service.

Additional reading: How to Use E Wallet

Enrolling in E-Verify is a straightforward process that requires some basic information about your company. You'll need your company's legal name, employer identification number, and primary physical address to get started.

To complete the enrollment process, you'll need to have the following information ready: company legal name, employer identification number, primary physical address, mailing address, hiring sites in each state, total number of current employees, and your company's NAICS code. This information will help you through the enrollment process.

Here's a step-by-step guide to enrolling in E-Verify:

If you're unsure if your enrollment has been submitted, you can check if your company is already a participating employer.

You can use Self Check or myE-Verify to check your employment authorization, but it's not a requirement for employers. Employers may not require employees or applicants to use these tools.

Employers must complete a Form I-9 for all new employees, regardless of whether they've used Self Check or myE-Verify. This includes verifying the employee's identity and work authorization documents.

Employers who participate in E-Verify must create a case for all new employees, even if they've used Self Check or myE-Verify. This is because neither tool provides a work authorization credential.

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E-Verify will likely instantly confirm that you are employment authorized if you've already been through the Self Check process and your information matches the U.S. government records.

If you're hired by an E-Verify participating employer and E-Verify doesn't instantly confirm that you're work authorized, it's possible that the employer entered your information incorrectly in E-Verify.

You should ensure that your employer entered your information correctly in E-Verify and follow the steps outlined by the E-Verify Tentative Nonconfirmation process to resolve any issues.

A mismatch result doesn't necessarily mean that you're not authorized to work in the United States, as various factors like name changes, citizenship or immigration status changes, or data entry errors can cause a mismatch.

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As an employer, it's essential to understand the rules and regulations surrounding employment authorization. Here are some key takeaways to keep in mind:

You may not require applicants to use Self Check or myE-Verify under any circumstances, as this can be considered pre-screening and may violate the anti-discrimination provision of the Immigration and Nationality Act.

Requiring employees to use Self Check or myE-Verify after they've been hired is also not allowed. Instead, you should use E-Verify to confirm a new employee's work authorization.

You always need to complete a Form I-9, even if a new employee has used Self Check or myE-Verify. This is because a "work authorization confirmed" result from Self Check or myE-Verify does not replace your responsibility to complete and retain the employee's Form I-9.

Here's a quick rundown of the Form I-9 process:

If you participate in E-Verify, you must create a case for all new employees, even if they've used Self Check or myE-Verify. Neither Self Check nor myE-Verify provide users with a work authorization credential.

Using Self Check does not protect you from future claims that you hired an unauthorized worker. An employee's use of Self Check does not create a legal presumption that you have not violated immigration law.

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Newly hired employees directly performing work on a federal contract must have an E-Verify check initiated no later than three business days after their actual start date.

The check can't be initiated until after the Form I-9 has been completed. This is a crucial step to ensure compliance with E-Verify requirements.

Current employees assigned to work on a contract covered by E-Verify requirements must have an E-Verify check initiated within 90 calendar days after contract award or within 30 days after assignment to the contract, whichever is later.

For contracts issued before September 8, 2009, E-Verify requirements do not apply unless the terms of the contract are changed by the federal agency to incorporate the E-Verify clause.

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If you're an employer looking for an alternative to traditional in-person I-9 document verification, you may be interested in the DHS approved alternative procedure.

Employers who participate in E-Verify can use this alternative procedure to verify an employee's I-9 documents remotely.

To set up a live video chat with an employee, you'll need to use a platform that allows for real-time video and document review. This is a convenient option for employers who have remote teams or employees who are unable to come into the office.

You'll need to complete Section 2 of Form I-9, confirming that the alternative procedure was used to examine the documents. You'll also need to keep a copy of the completed I-9 form and any documents provided by the employee for your records.

Here are the steps to follow:

This alternative procedure is a convenient option for employers who want to ensure compliance with I-9 document verification requirements while also accommodating remote work arrangements.

Positions are covered by E-Verify requirements if they have any wage distribution on the cost center assigned to a contract that contains the E-Verify clause. This means that employers must use E-Verify for positions that receive funding from contracts with the E-Verify clause.

Positions that are part of a cost share agreement with a federal contract that contains the E-Verify clause are also covered. This includes positions that receive funding from both the federal government and another source.

Positions that are paid directly from an agency for work performed on a federal contract that contains the E-Verify clause are also subject to the E-Verify requirement. This includes employees who work on federal contracts and receive their pay directly from the agency.

Positions that normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, are excluded from the E-Verify requirement. This means that employers do not need to use E-Verify for positions that are primarily administrative or support roles.

Positions that work on proposals, as opposed to awarded contracts, are not covered by E-Verify requirements. This means that employers do not need to use E-Verify for positions that are involved in the proposal process, but not the actual contract work.

Here are some examples of positions that are covered by E-Verify requirements:

Note: This is not an exhaustive list, but rather a sampling of states that have E-Verify requirements. Employers should check the specific requirements for their state and industry.

If you've been employed at the UW since November 6, 1986, you're exempt from E-Verify requirements.

This exemption applies to employees who have been continuously working at the University of Washington since that date. I've seen some long-tenured employees who have been working here for decades, and they're exempt from this requirement.

Employees with an active U.S. Government security clearance of confidential, secret, or top secret are also exempt. This clearance is typically required for positions that involve handling sensitive information or working with classified materials.

Similarly, employees who have had a background investigation completed and credentials issued pursuant to Homeland Security Presidential Directive (HSPD)-12 are exempt. This exemption applies to employees who have undergone a thorough background check and received credentials as a result.

Here are the exemptions listed out for easy reference:

As a federal contractor, you're required to use E-Verify to determine the employment eligibility of employees performing direct, substantial work under federal contracts. This requirement applies to all employees, regardless of whether they're working on a federal contract.

For newly hired employees, you must initiate an E-Verify check no later than three business days after their actual start date. This is a strict deadline, so make sure to prioritize it.

If you have current employees assigned to work on a contract covered by E-Verify requirements, you must initiate E-Verify within 90 calendar days after contract award or within 30 days after assignment to the contract, whichever is later.

Some positions are excluded from the E-Verify requirement, including those that normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract.

Here are some examples of positions that are covered by E-Verify requirements: