E-Verify: Creating and Managing Cases
The release of any specific data regarding the collection, storage, content or processing of agency records or about a company’s privacy-protected information can only be obtained by filing a Freedom of Information Act request. For more information regarding Freedom of Information Act processing, see https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/.... Please also note that DHS privacy documents, including Systems of Record Notices and other descriptions of E-Verify, can be found at http://www.dhs.gov/system-records-notices-sorns.
The proposed feature describes grouping cases with the same case closure statement, selected individually, affording the user the opportunity to choose the appropriate case closure statement for each case, then sending those selections via web services. Though it might appear that all the cases were closed with one action, the software must send each case closure statement individually for each case via web services. The interface control agreement (ICA) does not prevent a system from closing many cases in rapid succession and there is no subsequent system warning when cases are closed quickly, so closing cases through grouping and selecting the same closure code should not cause red flags. There is nothing preventing the agent/user from implementing this action(s). Some software systems have already implemented this type of feature successfully.
Section 403(a)(3)(A) of the E-Verify statute requires employers who participate in E-Verify to create a case within 3 days of hiring a new employee.
Under Form I-9 rules and guidance, Sections 1 and 2 must be fully completed at the time of hire for employees hired for fewer than three business days. However, E-Verify employers have three business days to create E-Verify cases for their newly hired employees, no matter what the length of time of employment. If an employee begins work for pay and then quits the same day, an E-Verify case must be created for that employee within three days of hire.
If a case created for an employee whose employment has terminated results in a TNC, the employer must close the case by selecting the case closure code that most appropriately describes the situation on the day the case is closed. Depending on the circumstances, case closure codes an employer might select could include:
- The employee voluntarily quit working for the employer.
- The employee was terminated by the employer for reasons other than E-Verify.
A case is in ‘Case Incomplete’ status if a user abandons it after the ‘Check Information’ screen or after the photo matching screen appears. The employer should check the case to see if the case is on the ‘Check Information’ screen or photo matching screen.
If the case is on the ‘Check Information’ screen, the employers should review the information to ensure it matches their employee’s Form I-9. If the information matches the employee’s Form I-9, the employer should select ‘Continue’ and proceed with the case. If not, the employer should correct the information before proceeding with the case.
If the case is on the photo matching screen, the employer should compare the photo displayed in E-Verify with the employee’s Form I-9 photo document. If the photo matches, the employer should select ‘Yes’. If the photo does not match, the employer should select ‘No’. The employer should then click ‘Continue’.
If the case is still open, and the employee still works for the employer, the employer should close the case as ‘The case is invalid because data entered is incorrect.’ The employer should then create a new case for the employee under the correct E-Verify account.
If the case is still open, but the employee no longer works for the employer, the employer should close the case and select the appropriate closure code:
- The employee voluntarily quit working for the employer.
The employee chose to stop working for the employer.
- The employee was terminated by the employer for reasons other than E-Verify.
The employer terminated the employee for reasons unrelated to E-Verify.
The employer should not create a new case for the employee under the correct employer account, but may attach a note to the employee’s Form I-9 explaining the situation and sign and date the note.
If the case is already closed, the employer should not create a new case for the employee under the correct employer account. The employer could attach a note to the employee’s Form I-9 explaining the situation and sign and date the note.
E-Verify should be notified of this circumstance by calling E-Verify Customer Support at 888-464-4218 or emailing us at E-Verify@dhs.gov.
When creating the case in E-Verify, the employer should select the employee’s correct citizenship or alien status. The employer should then indicate that their employee provided ‘List B and C Documents’ and select ‘Continue’. SENTRI, NEXUS or Global Entry cards are acceptable under List B, #2 as an ID card issued by a federal agency. The employer should select this option under ‘List B Documents’.
If you created an E-Verify case for an existing employee for whom no E-Verify case was required, close the case using the following case closure statement: “The case is invalid because the data entered is incorrect.” Note that a case closed as invalid will display the last case result as though it had not been closed.
Acceptance of an offer and entry into the assignment pool could be considered equivalent to an offer and acceptance of employment. As any E-Verify employer can, a staffing agency may create a case in E-Verify once the Form I-9 is completed.
Staffing agencies should not leave the Certification Date or Hire Date field blank. When completing Section 2 of Form I-9, staffing agencies may choose to use either the date a new employee is assigned to his or her first job or the date a new employee accepts an offer and is entered into the assignment pool as the first day of employment. USCIS recommends that staffing agencies remain consistent with regard to the date it chooses to use as the first day of employment when completing Forms I-9 and E-Verify cases.
When creating the case in E-Verify, employers only enter the employee’s first and last name.
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.
IMPORTANT: Do not compare the photo displayed by E-Verify to the employee directly. The direct comparison between the document and the individual happens during Form I-9 completion, prior to using E-Verify.
No, you may not use E-Verify to reverify any employee. E-Verify should only be used for new employees hired after the employer signs the memorandum of understanding (MOU). You should use Form I-9 and follow Form I-9 processes when reverifying employees. The Handbook for Employers: Instructions for Completing Form I-9 (M-274) (PDF) contains additional information on reverification.
No, E-Verify requires that List B documents be unexpired and contain a photograph. Because your employee presented an expired driver’s license along with a paper document that serves as a temporary license, you may complete Form I-9, but you must wait to create an E-Verify case until your employee presents his or her new unexpired driver’s license with a photograph. You must create an E-Verify case within three days from when the employee presents the actual driver’s license with a photograph for which the temporary license had been issued. If you are unable to create a case within three business days of hire, E-Verify will prompt you to enter the reason for the delay. When E-Verify asks for the reason why this case has not been submitted within three business days select: ‘Other’ and type “Awaiting actual document” in the field provided.
No, E-Verify requires that all List B documents contain a photo. Persons under the age of 18 and adults must provide E-Verify employers with a List B document that includes a photograph. This requirement overrules the exception for minors completing Form I-9.
If an employee objects to the photo document requirement for religious reasons the employer should call E-Verify at 888-464-4218.
- If you have not yet closed the case in E-Verify, close the case as an invalid case by selecting the case closure statement, 'The case is invalid because the data entered is incorrect.' Once the case is closed, you may create a new case for the employee with the correct hire date.
- If you have already closed the case in E-Verify and you have printed the 'E-Verify Case Details,' you should make a note on the 'E-Verify Case Details' page. Do not create a new case with the correct hire date. If you wrote the E-Verify case verification number on the employee’s Form I-9, you should make a note on the Form I-9 explaining that you entered the wrong hire date in E-Verify. Initial and date the note.
- If you discover that you have entered the wrong information for your new hire in E-Verify, you will need to create a new case with the correct information for the employee. If you have not yet closed the case in E-Verify, close the case by selecting the statement: 'The case is invalid because the data entered is incorrect.'
- If you have closed the case, make a note either on the E-Verify case details page or on the employee’s Form I-9 explaining that you created a second case because the first case contained incorrect information.
No, E-Verify allows participating employers to electronically verify the employment eligibility of only their newly hired employees. However, federal contractors that have been awarded a federal contract on or after September 8, 2009, that contains the Federal Acquisition Regulation (FAR) E-Verify clause may use E-Verify for existing employees. If your company is already enrolled in E-Verify when you are awarded a federal contract with the FAR E-Verify clause, you must update your company’s E-Verify account to reflect your new status to avoid being identified as non-compliant with E-Verify rules. E-Verify does not allow employers other than federal contractors with a federal contract that contains the FAR E-Verify clause to verify its existing employees. For more information regarding the FAR E-Verify clause, see the E-Verify Supplemental Guide for Federal Contractors (PDF, 378 KB).
If you rehire a former employee within three years of his or her previous hire date, you may rely on the information on his or her previous Form I-9.
If you rehire an employee for whom you never created an E-Verify case and the employee’s previous Form I-9 lists an expired identity document (List B), then you must complete a new Form I-9 and create a case for the employee in E-Verify.
If you rehire an employee for whom you created an E-Verify case and the employee’s previous Form I-9 lists an expired identity document (List B), then you may either:
- Complete Section 3 of the employee’s previous Form I-9 and not create a new case for the employee in E-Verify or
- Complete a new Form I-9 for the employee and create a new case for the employee in E-Verify
Consult The Handbook for Employers: Guidance for Completing Form I-9 (M-274) (PDF) for more information on rehires.
Yes, if you are unable to create a case in E-Verify within three business days after the employee first starts work for pay, you must create a case as soon as possible. E-Verify will prompt you to enter the reason for the delay. You can either select one of the reasons provided or select ‘Other’ and enter the reason. Do not enter private or personal information when entering your reason.
Yes, you may create a case before the employee begins work for pay as long as the employee has accepted an offer of employment and Form I-9 is completed. The hire date is the date the employee began (or will begin) work for pay. Use the Section 2 “Certification” date from the employee’s Form I-9 as the hire date in E-Verify.
The earliest you may verify a new hire in E-Verify is after an offer of employment is accepted and a Form I-9 is complete. You must create a case in E-Verify for a new hire within three business days after the employee starts work for pay.
For example, if a new hire accepted an offer and completed Form I-9 on May 5, but does not start work for pay until May 26, you may create a case for the new hire in E-Verify any day between May 5 and May 29 (the last date to create the case is three business days after the day the employee begins work for pay).
If your company
You must begin using E-Verify for all new hires on the date you electronically sign the memorandum of understanding (MOU).
You cannot create cases in E-Verify. You must enroll your company’s locations and sign an MOU for each verification location. The verification location must begin using E-Verify for all new hires on the date that you, as the corporate administrator, signed the MOU for that location.
E-Verify Employer Agents
You may begin to create cases in E-Verify for all your new hires on the date you electronically sign the MOU. Once you have a client, you must submit an additional MOU signed by you and the client company to DHS. Once you submit the client company’s MOU and the client enrollment is active, you must immediately begin using E-Verify for all of your client company’s new hires at the location(s) specified.
You must sign an MOU and submit it to your E-Verify employer agent. After you submit the MOU and your enrollment is active, your E-Verify employer agent must create cases in E-Verify for all of your new hires at the location(s) specified.
Web Services Access for Employers
You must begin to create cases in E-Verify either through the E-Verify website or your software that interfaces with E-Verify for all new hires on the date you electronically sign the memorandum of understanding (MOU).
Web Services Access for
You may begin to create cases in E-Verify either through the E-Verify website or your software that interfaces with E-Verify for all your new hires on the date you electronically sign the MOU. Once you have a client, you must submit an additional MOU signed by you and the client company to DHS. Once you submit the client company’s MOU and the client enrollment is active, you must immediately begin using E-Verify for all of your client company’s new hires at the location(s) specified.
When an employee who selects the status of Alien Authorized to Work provides a foreign passport with a Form I-94 for Section 2 of Form I-9, the only document numbers the employer must record on Form I-9 are the foreign passport number and the Form I-94 number. Employers should not record visa information on Form I-9 since the associated nonimmigrant visa is not an acceptable document for Form I-9. The visa number field in E-Verify is optional. If the employee allows the employer to enter his or her visa number from the passport that the employee presented into E-Verify, doing so may prevent a tentative nonconfirmation (TNC).
If the E-Verify case has been closed, no action is required. The E-Verify system does not allow for corrections. Do not create a new case with the correct e-mail address.
If the case has not been closed in E-Verify, close the case by selecting the case closure statement ‘The case is invalid because the data entered is incorrect.’ After the case is closed, you may create a new case for the employee with the correct e-mail address.