E-Verify Frequently Asked Questions

The National Conference of State Legislatures (NCSL) has developed a very useful and informative section with answers to the most commny asked questions about E-Verify (originally knows as the Basic Pilot/Employment Eligibility Verification Program).

The information is available by clicking here.

A Sample Question and Answer:

How Does E-Verify Work?

All employers must first complete an I-9 form for every new hire, within 3 business days of the date the employee starts work. The employer and newly-hired employee jointly complete the I-9 Employment Eligibility Verification form. The form asks for employee’s name and date of birth; social security number; citizenship status; an A number or I-94 number if applicable; documentation to establish work authorization; and proof of identity and expiration date, if applicable. Employees may choose from several documents to prove identity and authorization to work, such as a U.S. passport or unexpired employment authorization card, or a combination of a driver’s license and social security card. Documents must appear genuine. http://www.uscis.gov/files/nativedocuments/m-274.pdf

An employer then enters information from the I-9 form into the E-Verify system, where it is compared against 425 million records in the Social Security Administration (SSA) database and 60 million records in the Department of Homeland Security’s (DHS) immigration databases. Most inquiries are resolved within 72 hours. Some inquiries can’t be confirmed instantly by DHS (“tentative nonconfirmation notices”) due to changes in citizenship status, name changes (e.g., marriage/divorce), or typographical errors.

According to the U.S. Citizenship and Immigration Services (USCIS), 96% of verification inquiries are “instantly” verified. Tentative nonconfirmation notices (information mismatch) account for 2.96% and DHS verification “in process” accounts for 0.95%.

To resolve a nonconfirmation notice, the employee must visit an SSA office or call DHS toll-free. The employee has 8 federal workdays to start resolving the case. About one-half of those who receive a nonconfirmation notice contest the notice. Of these, about half of the employees will follow up.