Whether you're an HR professional, a business owner, or part of a compliance team, it's important to understand how E-Verify fits into your hiring practices. With government audits on the rise and the rollback of COVID-era flexibilities, now is the time to review your E-Verify process.

What Is E-Verify?

E-Verify is an online system run by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows employers to confirm that newly hired employees are authorized to work in the United States.

How It Works:

Once a new hire completes Form I-9, the employer enters the employee’s information—such as name, date of birth, and Social Security number—into the E-Verify system. The system checks that information against federal databases and returns a result, usually within seconds.

• If everything matches, the employee is confirmed as Employment Authorized.

• If there’s a mismatch, E-Verify issues a Tentative Nonconfirmation (TNC), which must be resolved before a Final Nonconfirmation (FNC) can be issued.

Who Must Use E-Verify?

Required by Law:

You are legally required to use E-Verify if:

• You are a federal contractor or subcontractor and your contract contains the Federal Acquisition Regulation (FAR) E-Verify clause.

• You are an employer in a state that mandates E-Verify for private or public employers (see table below).

• You are a state contractor in a jurisdiction that requires E-Verify for public contracts.

Voluntary Enrollment:

Even if not required, many employers voluntarily use E-Verify to:

• Demonstrate good faith during audits or ICE inspections.

• Reduce the risk of hiring unauthorized workers.

• Support compliance in regulated industries like construction, agriculture, hospitality, and staffing.

How Do You Enroll in E-Verify?

Enrolling is straightforward:

1. Visit www.e-verify.gov and click Enroll.

2. Enter your company information and agree to the terms.

3. Sign the electronic Memorandum of Understanding (MOU).

4. Designate a Program Administrator—your point person for E-Verify compliance.

5. Complete the required training modules and quizzes.

Important: E-Verify must only be used after a job offer has been accepted and Form I-9 is complete. Pre-screening applicants using E-Verify is prohibited.

Employee Rights During the E-Verify Process

Employees have important rights throughout the verification process. Employers must:

• Notify employees if a TNC is issued.

• Allow employees to decide whether to contest the TNC (they are not required to do so).

• Permit employees to continue working during the TNC resolution process.

• Avoid discrimination or retaliation during or after the process.

Note: Employers may only take action based on a Final Nonconfirmation (FNC). Terminating an employee solely because of a TNC can lead to liability.

What If You Receive a Tentative Nonconfirmation (TNC)?

A TNC means the system found a mismatch between Form I-9 data and government records.

Here’s what happens:

1. Notify the employee immediately using the Further Action Notice.

2. The employee chooses whether to contest the TNC.

3. If they contest, provide a Referral Letter.

4. The employee has 8 federal business days to contact SSA or DHS and begin resolving the issue.

Example: An employee’s name doesn’t match SSA records due to a misspelled birth certificate. They resolve the issue in 4 business days, and the case is updated to “Employment Authorized.”

If the mismatch is fixed, you’ll receive an “Employment Authorized” result. If not resolved or not contested, the system issues a Final Nonconfirmation (FNC), and you may terminate employment based on that result.

Reminder: Boldly observe the 8-day rule. It’s one of the most common compliance failures.

COVID-Era TNC Flexibilities: What’s Still in Play?

During the COVID-19 pandemic, extended timeframes were allowed to resolve TNCs. That policy has ended.

• As of July 15, 2022, the standard 8-day rule was reinstated.

• TNCs referred to SSA between March 2, 2020 and July 14, 2022 had until September 29, 2023 to resolve issues.

• That grace period is now closed. Unresolved cases are considered final.

April–May 2025: Known FNC Issue

Between April 9 and May 5, 2025, a system error caused some cases to be incorrectly marked as Final Nonconfirmations, even when the employee had resolved their TNC.

If this applies to you:

• Do not terminate the employee based on that FNC.

• Open a new E-Verify case for the individual.

• If the result is “Employment Authorized,” no further action is needed.

• If a new TNC is issued, follow the normal steps to resolve.

State-by-State E-Verify Requirements (2025 Snapshot)

Note: Always check your local rules. State policies can evolve year to year.

Common Employer Pitfalls (and How to Avoid Them)

• Starting E-Verify before a job offer – Not permitted. Wait until after Form I-9 is completed.

• Selective use of E-Verify – Discriminatory. If you use it, you must use it for all new hires.

• Missing the 8-day deadline – Employees must initiate contact with SSA or DHS within 8 federal business days.

• Failing to follow up on open cases – You are responsible for monitoring TNC resolution and case closure.

• Acting on an FNC during known glitches – Double-check any alerts or updates from E-Verify before terminating.

Tip: Violations like selective use or early verification are common audit triggers—and avoidable with proper training.

FAQs (for Employers & Employees)

Can I verify an employee hired before I enrolled in E-Verify?
Generally, no unless you are a federal contractor required to do so under the FAR clause.

What if my employee doesn’t speak English?
You must provide the Further Action Notice in their preferred language. Many translations are available on the E-Verify website.

Do I need to keep E-Verify case records?
Yes. Maintain records for three years after hire or one year after termination, whichever is later.

What if an employee chooses not to contest a TNC?
You may terminate employment based on the Final Nonconfirmation—but you must provide the employee an opportunity to contest first.

Do I need to use E-Verify for remote workers?
Yes. If your company uses E-Verify, it must be applied to all new hires, regardless of work location.

Final Thoughts

E-Verify is a powerful compliance tool, but only when used properly. In 2025, with post-COVID policy shifts and increased government oversight, it’s essential to:

• Train your team

• Follow procedures

• Monitor deadlines

• Keep records

Need help reviewing your E-Verify process or training your team?
Reach out for compliance support or customized HR training.