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E-Verify recommends that you write the case verification number on the Form I-9. However, you may also choose to print out the case details page and attach it to the Form I-9 once a case has been resolved.

 

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Executive Order 12989 governs contractual agreements where the Federal government is a party. The Intergovernmental Personnel Act (IPA) relates to personnel matters. The purpose of the IPA is to facilitate cooperation through the temporary assignment of skilled personnel between the Federal government, state and local governments, institutions of higher education, federally funded research and development centers maintained by the National Science Foundation, Indian tribal governments, and other nonprofit organizations for limited periods without loss of employee rights and benefits. For more information on the Intergovernmental Personnel Act of 1970, see http://www.opm.gov/fedregis/2003/68-082203-50727-a.htm.

 

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Last Reviewed/Updated: 
10/13/2010

Yes. Federal contractors who no longer wish to participate in E-Verify after a contract has ended can terminate their participation by selecting Request Termination on your Maintain Company page in E-Verify. If your company fails to do so, the terms of the MOU remain in place. For specific information on terminating your participation in E-Verify, see E-Verify User Manual for Federal Contractors.

 

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No. You may not use E-Verify to pre-screen employees. By signing the MOU to participate in E-Verify, you agree not to use E-Verify for pre-employment screening of job applicants, any unlawful employment practice, or any use not authorized by the MOU. If you use E-Verify procedures for any purpose other than as authorized by the MOU, you may be subject to appropriate legal action and termination of your access to E-Verify. In particular, prescreening applicants on the basis of citizenship status or national origin may violate the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b.

 

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You must promptly notify your employee that E-Verify has returned a TNC. Additionally, you must privately review and explain the notice to your employee. If the employee chooses to contest the TNC, both you and the employee must sign the notice. You should then print the referral letter for the employee and privately explain the referral letter and the next steps to the employee. You may provide the TNC to the employee in person, by fax, e-mail, or overnight or next day delivery service, as long as you take proper precautions to ensure the employee’s information is protected. You may not send the TNC by mail.

 

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Last Reviewed/Updated: 
10/13/2010

E-Verify employers are required to only accept List B documents that have a photo. However, if your employee has presented a List B document that does not have a photo due to religious reasons, you should contact E-Verify at 888-464-4218.

 

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Last Reviewed/Updated: 
10/13/2010

Yes. Your company may continue to use E-Verify after the Federal contract has been fulfilled. You must update your company profile through the Maintain Company page to indicate Federal Contractor without FAR E-Verify Clause.

If you choose to terminate your use of E-Verify for a period of time, then re-enroll, you will be unable to verify your existing employees until you receive another contract that contains the FAR E-Verify clause and enroll as a Federal Contractor with FAR E-Verify Clause.

If you are an organization that qualified for an exception that allowed you to only verify new hires assigned to the Federal contract, once you update your company profile to indicate Federal Contractor without FAR E-Verify Clause, you will no longer qualify for that exception. You will be required to verify all newly hired employees.

For information on certain organizations that qualify for exceptions, as well as instructions on updating your company profile, see the Supplemental Guide for Federal Contractors. For information on terminating your participation in E-Verify, see the E-Verify User Manual for Federal Contractors.

 

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You must promptly provide the referral letter to your employee. Additionally, you must privately review and explain the letter to your employee. You should print the referral letter for you and the employee to sign. Once the letter is signed, you may provide it to the employee in person, fax, e-mail, or overnight or next day delivery service, as long as you take proper precautions to ensure the employee’s information is protected. You may not send the referral by mail.

 

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Last Reviewed/Updated: 
10/13/2010

No. Using E-Verify creates a rebuttable presumption that your company has not knowingly hired an unauthorized alien. However employers may face civil and criminal liability if based upon the totality of the circumstances it can be established that they knowingly hired or continued to employ unauthorized workers. Participation in E-Verify does not provide a safe harbor from worksite enforcement.

 

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Last Reviewed/Updated: 
10/13/2010

Generally, employers may choose to keep copies of documents employees present when completing Form I-9. Employers should uniformly apply their decision to all documents presented by employees to avoid discrimination.

Employers who are enrolled in E-Verify are required by the terms of the E-Verify Memorandum of Understanding (MOU) to retain photocopies of employees’ EAD cards (Form I-766) and Permanent Resident Cards (Form I-551) with employees’ Forms I-9.

See the E-Verify Program for Employment Verification Memorandum of Understanding Article II.C.5.

 

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If you determine that your employee has remained in continuous employment with a reasonable expectation of employment at all times, this employee will be considered an existing employee for purposes of complying with Form I-9 and E-Verify requirements for federal contractors that have a contract that contains the FAR E-Verify clause. For more information on employees in continuing employment, see I-9 Central.

Last Reviewed/Updated: 
01/02/2014