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.
Official Website of the Department of Homeland Security