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E-Verify Rules and Responsibilities

By: MyHRConcierge


E-Verify is a federal program that allows employers to certify that a newly hired employee is eligible to work in the United States. It also is a requirement when utilizing the Form I-9 alternative remote document authorization method. While this is a federal program, states have varying requirements as to whether employers must use E-Verify according to the World Population Review.


State E-Verify Requirements (As of February 2023)

There are 9 states that require all employers to utilize E-Verify:

Alabama

Arizona

Georgia

Massachusetts

Mississippi

North Carolina

South Carolina

Tennessee

Utah

In addition to these states, there are another 25 states where using E-Verify is voluntary:

​Alaska

Arkansas

California

Connecticut

Delaware

Hawaii

Illinois

Iowa

Kansas

Kentucky

Maine

Maryland

Montana

Nevada

New Hampshire

New Jersey

New Mexico

North Dakota

Ohio

Rhode Island

South Dakota

Vermont

West Virginia

Wisconsin

Wyoming

There are also another 14 states that only require public employers to perform E-Verify:

​Colorado

Florida

Idaho

Indiana

Louisiana

Michigan

Minnesota

Missouri

Nebraska

Oklahoma

Pennsylvania

Texas

Virginia

Washington

Utilizing E-Verify

E-Verify is a free service for employers administered through the US Department of Homeland Security (DHS). Employers must create an account to go through required training to utilize the service. Many employers will utilize an employee screening company such as MyHRScreens or an HRIS system such as MyHRConcierge's MyHire to perform E-Verify due to increased efficiency and recordkeeping.


E-Verify Do's and Don'ts

If you are currently performing E-Verify, below is an overview of the rules and your responsibilities from the US Citizenship and Immigration Services.


Do's

Employers participating in E-Verify MUST:

  • Follow E-Verify procedures for each newly hired employee while enrolled/participating in E-Verify.

  • Notify each job applicant of E-Verify participation.

  • Clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work posters.

  • Complete Form I-9 for each newly hired employee before creating a case in E-Verify.

  • Ensure that Form I-9 “List B” identity documents have a photo.

  • Create a case for each newly hired employee no later than the third business day after he or she starts work for pay.

  • Obtain a Social Security Number (SSN) from each newly hired employee on Form I-9.

  • Provide each employee the opportunity to contest a tentative nonconfirmation (TNC).

  • Allow each newly hired employee to start and continue working during the E-Verify verification process, even if he or she receives a TNC.

Don'ts

Employers participating in E-Verify MUST NOT:

  • Use E-Verify to prescreen an applicant for employment.

  • Check the employment eligibility for an employee hired before their company signed the E-Verify MOU.

  • Take any adverse action against an employee based upon a case result unless E-Verify issues a final nonconfirmation.

  • Specify or request which Form I-9 documentation a newly hired employee must use.

  • Use E-Verify to discriminate against ANY job applicant or new hire on the basis of his or her national origin, citizenship or immigration status.

  • Selectively verify the employment eligibility for a newly hired employee.

  • Share any user ID and/or password.

Keep Your Human Resources Compliant

Make sure your business's human resources department maintains compliance with government regulations by outsourcing HR help with MyHRConcierge. Contact us today at 855-538-6947 ext 108, ccooley@myhrconcierge.com. If you need assistance with performing E-Verify, you can also contact MyHRScreens at 866-899-8970 ext 118 or klewis@myhrscreens.com.

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