Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees. Employers should not go back and create a case for any employee hired during the time its account was inactive and there was deliberate non-use of E-Verify. An employer who learns that he or she has failed to create a case in E-Verify by the third business day after the employee’s first day of employment should immediately create a case for the employee. In this case, however, the employer’s account was inactive due to deliberate non-use while hiring several hundred employees over several years. This employer should not go back and create cases for these employees, since they are no longer new employees.
No, once an account is closed, all access to the account and its associated records is terminated. To preserve the records from an E-Verify account, a complete user audit report should be created and retained. E-Verify case information and documentation must be retained for your employees for the same length of time as their Forms I-9.
Under certain circumstances, an E-Verify account may be closed prior to the end of the 30-day period required by the E-Verify MOU. Those circumstances include:
- The company no longer exists
- Closing the account is necessary to protect the account from unauthorized access
- A company has duplicate or unnecessary accounts
- A company needs to reregister in order to change its E-Verify access method or
- E-Verify determines that closing an account before 30 days is necessary based on the requirements of law or policy
To request that your E-Verify account be closed prior to 30 days from your notice of termination based on one of these circumstances, your written request for termination must:
- Request that your E-Verify account be closed prior to 30 days from your notice of termination, as required by the E-Verify MOU
- Explain why your account should be closed prior to 30 days from your notice of termination, referencing and explaining in detail one or more of the circumstances above and
- Specify the date you would like your E-Verify account closed
Closing E-Verify accounts prior to the end of the 30-day period, required by the E-Verify MOU, is at the discretion of E-Verify.
Any E-Verify account may be closed voluntarily. To close an account, a program administrator, corporate administrator, the signatory of the E-Verify Memorandum of Understanding (MOU), or an authorized company representative must submit an electronic termination request, through E-Verify or provide written notice to E-Verify 30 days in advance of the date that the employer would like to close the account. Employers must request termination electronically through E-Verify, or submit a written termination notice to E-Verify@dhs.gov or fax to 202-443-0215.
A corporate administrator or program administrator may request termination electronically through E-Verify:
- Log into E-Verify
- From 'My Company' or 'My Company Locations' click 'Close Company Account(s)'
- Enter the reason for requesting to close the account
- Click 'Request Termination.'
IMPORTANT: E-Verify employer agents who choose to close their accounts should ensure that they notify their E-Verify employer agent client(s), and vice versa.
You must continue to use E-Verify in accordance with the MOU during this 30-day period or until you have received an e-mail confirming that the account is closed, whichever is sooner. All open E-Verify cases must be closed, even if you request to close your E-Verify account.
An employee that is off work while receiving workers’ compensation benefits is still responsible for resolving a TNC. However, DHS understands that if an employee is unable for medical reasons to complete the resolution process, a delay in the TNC resolution process might be warranted. To delay the resolution process, the employer should close the E-Verify case by choosing 'The case is invalid because the data entered is incorrect.' For more information on how to close a case, review the E-Verify User Manual.
After closing the case, the employer should immediately create a new E-Verify case for the employee. The employer should leave the case in TNC status and not print the Further Action Notice or initiate the referral to SSA or DHS until the employee is medically capable of completing the TNC process.
After the employee returns to work, the employer can resolve the case with the employee. The employer must print the Further Action Notice and if the employee chooses to contest the TNC, the employer would then print the Referral Date Confirmation and initiate the referral to the appropriate agency (either SSA or DHS). A Final Nonconfirmation will be generated if the employee does not contact SSA or DHS within the eight federal business days as indicated on the Referral Date Confirmation. The employer may not fire, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the employee’s decision to contest a case result or while the employee’s E-Verify case is pending.
DHS monitors E-Verify transactions to ensure employers comply with E-Verify procedures. To the extent possible, the employer must document the reason for the invalid case. The employer may reasonably expect to receive a phone call, letter or email from DHS regarding their E-Verify use as a part of DHS’s compliance assistance operations.
A TNC case result means that the information an employer entered into E-Verify from an employee’s Form I-9 does not match Social Security Administration (SSA) records and/or Department of Homeland Security (DHS), and needs to be resolved.
The agency associated with the mismatch is indicated when E-Verify provides the TNC result. An SSA TNC means that the information entered into E-Verify does not match SSA records. A DHS TNC means that the information entered into E-Verify does not match records available to DHS.
The employer must:
- Print the English or Spanish version of the Further Action Notice from E-Verify
- Inform the employee of the TNC result, in private
- Allow the employee the option to contest the TNC
- Provide a copy of the signed Further Action Notice in English or Spanish for the employee, and
- Print and provide the employee with the Referral Date Confirmation if he or she decides to contest.
NOTE: The E-Verify Further Action Notices are available in several foreign languages in E-Verify under ‘View Essential Resources’ and on this website. If the employee does not read English, the employer can provide a foreign language version in addition to the English version.
The employee then has eight federal government workdays to contact that agency to resolve the mismatch. The employee continues to work while resolving the mismatch. For more information, review the E-Verify User Manuals.
The photo matching step occurs automatically when you create a case for an employee that has presented a Permanent Resident Card (Form I-551), an Employment Authorization Document (Form I-766), or a U.S. Passport or Passport Card for his/her Form I-9 documentation. When the employee presents one of these four documents and the Form I-9 information you enter matches DHS records, the employee’s photo automatically displays on the E-Verify screen. You must compare the photo that appears on the computer screen in E-Verify with the photo on the document the employee presented. The photos should be an exact match. Photo matching helps to ensure that the photo on the document has not been substituted with a fraudulent photo.
Yes, employers who acquire another company or merge with another company may choose to treat employees who continue being employed with the related, successor, or reorganized employer as new hires, and complete new Forms I-9 and create cases in E-Verify for all of these employees. Enter the date of acquisition or merger as the date the employee began employment in Section 2 of the new Form I-9.
If you choose to complete new Form I-9 and create a case in E-Verify, in order to avoid the appearance of discrimination, you must do so for all acquired employees, without regard to actual or perceived citizenship status or national origin.
Program administrators and corporate administrators can add new users or delete existing users after they have completed the tutorial.
For more information on adding and deleting users, review the E-Verify user manuals.
To change your security questions in E-Verify:
- Log in to E-Verify.
- From 'My Profile,' select 'Change Security Questions.'
- Select three questions and record an answer for each.
- Click 'Submit' to save your changes.
A program administrator can manage important information about your company from ‘My Company’ on the left navigation menu.
For more information on adding, changing or deleting a hiring site, review the E-Verify user manuals.
A program administrator can manage important information about your company from the left navigation menu 'My Company.'
- From 'My Company,' select 'Edit Company Profile.'
- To modify any section of the Company Information page, click 'View/Edit' in the section you want to modify, such as Company Name and Physical Location, Points of Contact, NAICS Code, Total Hiring Sites or Total Points of Contact. For more information on updating your company’s profile, review the E-Verify user manuals.
Once you have completed all lessons in the E-Verify tutorial, the "Knowledge Test" link will be available from the main tutorial screen. If you have completed all lessons and are still unable to access the knowledge test, make sure you have green check marks next to each lesson on the Tutorial Home page and that you disable the pop-up blocker on your computer. If you continue to have a problem, contact the technical support help desk at 800-741-5023.
After you log into E-Verify, you will find both notices under 'View Essential Resources,' located under ‘My Resources.’ The posters can also be found on the USCIS website. You must display both the English and Spanish versions of the E-Verify participation poster and the “Right to Work” poster in plain view at your hiring site(s). If you have difficulty posting E-Verify participation notices because of unique business needs, ensure that all prospective employees receive them with their application materials and that you post them where potential and current employees are most likely to view them. You may not make any changes to the posters or purchase them from another vendor.
The E-Verify company ID number, which consists of four to six numerical characters, is located on the first page of the memorandum of understanding directly below the E-Verify logo. Program administrators who have completed the tutorial may also obtain the company ID number as follows:
- Log in to E-Verify with your assigned user ID and password.
- From 'My Company,' select 'Edit Company Profile.'
- The Company Information page will display the company ID number.
However, program administrators who have not completed the tutorial must contact E-Verify Customer Support at 888-464-4218 for assistance.
Program administrators that have completed their tutorial can obtain a copy of the MOU:
- Log in to E-Verify using your assigned user ID and password.
- From 'My Company,' select 'Edit Company Profile.'
- Click 'View MOU' at the bottom of the page.
NOTE: You will need to turn off your computer’s pop-up blocker.
The document will open so that you may view, print or save your company’s MOU. If you are unable to view the MOU, contact E-Verify Customer Support at:
E-mail: E-Verify@dhs.gov (Employers)
Program administrators that have not completed their tutorial should contact E-Verify Customer Support at 888-464-4218 assistance.
The memorandum of understanding (MOU) is the legal document describing the agreement between the Department of Homeland Security and the entity requesting participation in E-Verify. It is a simple statement of shared and agreed upon responsibilities for participation in this government program. Before successfully enrolling in E-Verify, employers must agree to the terms of the MOU and electronically sign the document. The document will then be electronically signed by the Department of Homeland Security. Employers should print a copy of the MOU for their records.
Unless an employer is a federal contractor with a federal contract containing the FAR E-Verify clause, it cannot use E-Verify for existing employees. Employers should not go back and create a case for any employee hired during the time its account was inactive and there was deliberate non-use of E-Verify.
However, employers who acquire or merge with another company may choose to treat employees who continue being employed with the related, successor, or reorganized employer as new hires and complete new Forms I-9 and create cases in E-Verify for them. Employers who choose this option must do so for all acquired employees and use the date of merger or acquisition as the hire date. Employers who choose not to treat such employees as new hires at the time of the merger or acquisition should not create new cases for in E-Verify for employees that were never run in E-Verify. An employer who has never activated their E-Verify account should not use E-Verify for employees for whom they did not create cases at the time of hire.