Definition
E-Verify is an internet-based system that compares information from an employee's Form I-9 against records held by the Department of Homeland Security and the Social Security Administration to confirm employment eligibility. It is generally voluntary for employers, though federal contractors face specific requirements.
Also known as: everify, employment eligibility verification system
How it works
After a new hire completes Form I-9, an employer enrolled in E-Verify enters information from that form into the system. E-Verify compares the data to records available to the Department of Homeland Security and the Social Security Administration. Results can return in as little as three to five seconds.
If the system cannot immediately confirm the information, it issues a tentative nonconfirmation (TNC). A TNC is not a final finding. The employee has the opportunity to contest it and correct the underlying records, following the process published for employees.
Use of E-Verify is generally voluntary for most employers. Federal contractors are an exception, and the program publishes separate timeframes for their enrollment and use. Employers should confirm any state-level requirements with counsel.
Example
A regional construction firm enrolls in E-Verify and creates a case for each new hire after completing Form I-9. One hire receives a tentative nonconfirmation, and the firm gives the employee the information needed to contest it and correct the record.
How it differs from similar terms
E-Verify vs Form I-9. E-Verify checks data already captured on Form I-9 against government records. It does not replace the form, which every employer must complete regardless of E-Verify participation.
Related terms and guides
Frequently asked questions
What is E-Verify used for?
Employers use E-Verify to confirm that new hires are authorized to work in the United States. The system compares information entered from the employee's Form I-9 to Department of Homeland Security and Social Security Administration records and returns a result, often within seconds.
Is E-Verify mandatory?
E-Verify is generally voluntary for most employers. Federal contractors are subject to specific requirements and published timeframes for enrollment and use. Employers should also check whether state or local rules in their locations impose additional obligations. The program does not replace Form I-9, which every employer must still complete.
What is a tentative nonconfirmation?
A tentative nonconfirmation (TNC) means E-Verify could not immediately verify the information entered. It is not a final determination. The employee may dispute the discrepancy and work to correct their records through the process E-Verify publishes for employees. A TNC is simply a prompt to resolve a mismatch in the records.