Need a step-by-step guide to get you through the verification process? This article outlines your responsibilities as an E-Verify participant when you hire a new employee.
1. Completing the I-9 Form
Digital: The digital version of Form I-9 (download here, top link; Adobe Acrobat Reader required) is a great tool for completing Form I-9 correctly. You and the employee should complete the appropriate sections. Save the PDF file, then print the form for signatures and your records. Finally, send us the PDF file with the New Hire Submission form. You may send the form to us unsigned, but be sure that you and the employee sign the printed copy; either before you file on paper or convert to a digital file.
Please send us the completed I-9 within one day of completion so that we can meet the three-day submission deadline on your behalf.
— List B documents (driver’s license, identification card, etc.) must include a photograph;
— You must record in Section 2 a description of the identification documents presented by the new hire. The information required includes the document(s) title; issuing authority; document number; and the expiration date, if any. Instructions for completing the I-9 form can be found at “I-9 Central” and here in the Help Desk.
— When an employee presents either a Permanent Resident Card (Form I-551), Employment Authorization Document (Form I-766) or U.S. Passport for identification, we are required to match the photo on the document to the photo in DHS records. In addition, copies of these documents must be made and retained with the I-9. You should scan or digitally photograph the document and send the image to us for matching. Only if no other method is available should you fax the card to us.
Please review the Memorandum of Understanding for other restrictions and procedures. View a description of the most common form completion errors here.
Usually within the same business day that you submit the I-9 form for verification, we will return a verification status by email. If you send us the form late in the business day, we may not verify until the next business day. If you haven’t heard from us after 24 business hours, contact us here as your original submission may have gotten lost in transit. Do not resend a new hire submission unless we ask you to do so.
2. “Employment Authorized”
We will send an “Employment Authorized” notice by email that will include a Verification Number. You should write the number on the employee’s I-9 form and file according to your normal procedures.
3. If We Receive a “Tentative Non-Confirmation”:
Occasionally, a new hire is not immediately verified. When we receive a Tentative Non-Confirmation (TNC), we will notify you by email. Occasionally, the TNC is the result of a typographical error or a misread of the I-9 data, so you should immediately review the employee information at the top of the “Further Action Notice” (described below) and tell us if you find an error.
If you find no errors in the employee’s information, you must review the “Further Action Notice,” which will be attached to the email, with the new employee promptly, personally and privately. The employee must indicate his choice to contest or not to contest the TNC by signing the form. File the original with the employee’s I-9 and give the employee a copy.
You must promptly notify us of the new hire’s decision, which you can do online at this link: http://verifyi9.com/tnc/
If the employee elected to “take action” (contest the TNC), we will then return to you a “Referral Date Confirmation” which you must provide to the employee. The employee has until the date on the Referral Date Confirmation (eight work days) to contact the Social Security Administration or Department of Homeland Security, as instructed by the “Further Action Notice.” During this time period, you may not terminate the employee or take adverse action against him/her based upon his/her employment eligibility status or because he/she has chosen to contest the TNC.
If you notify us that the employee elected to not “take action” (NOT contest the TNC), we will send a “Final Non-Confirmation.” The employee’s decision to NOT contest means that the Tentative Non-Confirmation automatically becomes a Final Non-Confirmation. Under this circumstance, you should terminate the employee immediately, which you can do so without any civil or criminal liability. In fact, a legal presumption is created that you are in violation of the law if you continue to employ this individual after a Final Non-Confirmation is received.
You should retain a copy of all notices and attach them to the employee’s I-9 form.
4. After Referral
Although the employee is not required to return with any documentation and you are not permitted to ask for it, you may retain a copy of any response that the employee brings you from the SSA or DHS. You do not need to report anything to us, even if the employee brings you proof of his eligibility, a verification of his Social Security number, etc. The SSA and/or DHS have at least two work days to update the employee’s record in E-Verify. We will be notified of the updated status and send a final determination.
You should contact us immediately if the employee quits or is terminated for reasons unrelated to employment eligibility status while the verification process is ongoing. If, after choosing to contest the TNC the employee does not return to work, please notify us so that we can submit the employee for a Final Non-Confirmation. In any event, we will return a final status in 10 work days or less.
Time is of the essence! Any time that a new hire’s status changes while a verification is pending, you should notify us immediately so that we can meet deadlines on your behalf.
Read all emails and letters! Our notifications provide step-by-step instructions for completing a verification. Also, the “Further Action Notice” and “Referral Date Confirmation” contain helpful information.