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.

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