Page 45 - Handbook for Employers - Guidance for Completing Form I-9

Part Six

E-Verify: The Web-Based

Verification Companion 

to Form I-9

Since verification of the employment authorization and not use the system selectively. You may not use E-Verify to
identity of new hires became law in 1986, Form I-9 prescreen applicants for employment, check employees
has been the foundation of the verification process. To hired before the company became a participant in
improve the accuracy and integrity of this process, USCIS E-Verify (except contractors with a federal contract that
operates an electronic employment confirmation system requires use of E-Verify), or reverify employees who
called E-Verify. have temporary employment authorization. You may
not terminate or take other adverse action against an
E-Verify is a system that provides access to federal employee based on a tentative nonconfirmation.
databases to help employers confirm the employment
authorization of new hires. E-Verify is free and can be E-Verify strengthens the Form I-9 employment eligibility
used by employers in all 50 states, as well as the District verification process that all employers, by law, must
of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, follow. By adding E-Verify to the existing Form I-9
and the Commonwealth of the Northern Mariana Islands. process, employers can benefit from knowing that it has
taken an additional constructive step toward maintaining
Employers who participate in E-Verify must complete a legal workforce.
Form I-9 for each newly hired employee in the United
States. E-Verify employers may accept any document You can enroll in E-Verify at uscis .gov/e-verify, which
or combination of documents on Form I-9, but if the provides instructions for completing the enrollment
employee chooses to present a List B and C combination, process. For more information, contact E-Verify at 888-
the List B (identity only) document must have a 464-4218, or visit the website listed above.
photograph.
Federal Contractors
After completing a Form I-9 for your new employee,
create a case in E-Verify that includes information from On Nov. 14, 2008, the Civilian Agency Acquisition
Sections 1 and 2 of Form I-9. After creating the case, Council and the Defense Acquisition Regulations Council
you will receive a response from E-Verify regarding the issued a final rule amending the Federal Acquisition
employment authorization of the employee. In some Regulation (FAR) (FAR case 2007-013, Employment
cases, E-Verify will provide a response indicating a Eligibility Verification). This regulation was originally
tentative nonconfirmation of the employee’s employment scheduled to be effective on Jan. 15, 2009, but the
authorization. This does not necessarily mean that the effective date was delayed until Sept. 8, 2009. The
employee is unauthorized to work in the United States. regulation requires contractors with a federal contract that
Rather, it means that E-Verify is unable to immediately contains a FAR E-Verify clause to use E-Verify for their
confirm the employee’s authorization to work. In the new hires and all employees (existing and new) assigned
case of a tentative nonconfirmation, you must notify to the contract. Federal contracts issued on or after Sept. 8,
the employee, and an employee who wishes to contest 2009, as well as older contracts that have been modified
a tentative nonconfirmation result should contact may contain the FAR E-Verify clause.
the appropriate agency (DHS or the Social Security
Administration) within the prescribed time periods. Federal contractors who have a federal contract that
contains the FAR E-Verify clause must follow special rules
You must also follow certain procedures when using when completing and updating Form I-9. For more in-
E-Verify that were designed to protect employees from formation, please see the E-Verify Supplemental Guide for
unfair employment actions. You must use E-Verify for all Federal Contractors available at uscis .gov/e-verify.
new hires, both U .S. citizens and noncitizens, and may

41