E-Verify® is an internet-based employment eligibility system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). This program allows employers to quickly verify the eligibility of their newly hired employees to work legally in the United States.
E-Verify® is a voluntary system and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
How It Works and What It Means to Newly-Hired Employees
Employees are required to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work in the United States. Federal law requires that all employers verify the identity and employment eligibility of all new employees (including U.S. citizens) within three days of hire.
Through E-Verify®, employers send information about you, gathered from your Form I-9, to SSA and DHS to confirm that you are authorized to work in the United States and that your name, Social Security number, date of birth, citizenship status, and any other non-citizen information you choose to provide to your employer match government records. If your employer uses E-Verify®, you as an employee have certain rights and responsibilities.
- E-Verify® must be used for new hires only. It cannot be used to verify the employment eligibility of current employees.
- E-Verify® must be used for all new hires regardless of national origin or citizenship status. It may not be used selectively.
- E-Verify® must be used only after hire and after completion of the Form I-9. Employers may not pre-screen applicants through E-Verify.
- If an employee‚Äôs Form I-9 information cannot be matched with the SSA and DHS databases, the employer must provide the employee with information regarding challenging the information mismatch, including a written notice from E-Verify®.
- If an employee decides to challenge the information mismatch, the employer must provide a referral letter issued by E-Verify® that contains specific instructions and contact information.
- Employers may not take any adverse action against an employee because they contest the information mismatch until the employee has had eight (8) federal government work days to contact the appropriate federal agency to resolve the conflict. This includes firing, suspending, withholding pay or training, or otherwise infringing upon his/her employment.
If an employee receives an SSA tentative non-confirmation (TNC), they have the option of visiting an SSA field office to update their record or if the employee is a naturalized citizen, the employee may choose to call USCIS directly to resolve the TNC. The phone number can be found on the SSA referral letter.