Q : Can I choose not to participate in this program? Do I have to provide my personal information?
E-Verify is a voluntary program offered to employers who seek to ensure that an individual is authorized to work in the United States, and an individual is given clear notice that an employer is participating in E-Verify. Accordingly, an individual may choose whether to apply for a job at a place of employment which participates in the E-Verify Program. If the individual chooses to apply for a job with an employer participating in E-Verify, then the individual must provide the required personal information.
Once an employer submits the individual’s personal information to E-Verify, the information is checked against Department of Homeland Security (DHS) and Social Security Administration (SSA) databases and a result is returned to the employer. Two results can be returned: Employment Authorized or a Tentative Non-Confirmation (TNC).
An Employment Authorized occurs when the personal information submitted matches the information in DHS and SSA databases. A Tentative Non-Confirmation occurs when the personal information submitted does not match the information in a SSA database, and DHS databases if appropriate. In the event that an individual is hired by an employer that participates in the E-Verify program and subsequently receives a TNC, the individual can then choose whether to contest the TNC. Whether contested or not, if a TNC results in an Final Non-Confirmation, then the employer must terminate employment immediately or notify DHS that they continue to employ the individual.