Keep these fundamental rules of the E-Verify program in mind to maintain compliance with the Memorandum of Understanding and federal employment law:
1. You may not use E-Verify to prescreen applicants for employment. The applicant must have been offered the job, accepted the position and completed the I-9 form prior to submission to E-Verify.
2. You may not selectively verify new hires. You must verify every new employee.
3. You may not use E-Verify to discriminate against any job applicant or employee on the basis of his or her national origin, citizenship, or immigration status.
4. Newly-hired employees must complete an Employment Eligibility Verification, Form I-9 before you can submit the employee to us for verification.
5. Form I-9 requirements remain the same as before your enrollment in E-Verify, with the exception that all “List B” identity documents must bear a photograph, and the employee must provide his or her Social Security number on the form. Employees who do not have a Social Security number must obtain one. This will delay creating a case in E-Verify until the employee is issued his or her Social Security number. Be sure to document the reason for this delay on the employee’s I-9 form.
6. You may not require a new hire to present a specific document for I-9 or E-Verify purposes except for requiring that a “List B” identity document bear a photograph.
7. You may not use E-Verify to reverify the employment eligibility of an employee once that employee has been verified in E-Verify.
8. You must notify employees of a Tentative Nonconfirmation (TNC) and provide them the opportunity to contest the TNC.
9. You may not ask the employee to obtain a printout or other written verification from either SSA or DHS.
10. Employees must be allowed to continue to work without penalty during the verification process.
For Federal Contractors:
1. Federal contractors may only use E-Verify for existing employees under limited circumstances.
2. When deciding how to, and whether, to verify your existing employees there are special discrimination considerations.
3. You are required to initiate a verification of existing employees within a specified period of time. If a verification query is not initiated in a timely manner, you must note the reason for the delay and attach it to Form I-9.
4. You may not verify employees selectively, and must follow E-Verify procedures for all newly-hired employees and all existing employees assigned to a Federal contract while your company is participating in the program.
For more information, review the Supplemental Guide for Federal Contractors.