E-Verify is the free US government online system that checks the details from a new hire's Form I-9 against Department of Homeland Security and Social Security Administration records to confirm they're allowed to work. You create the case no later than the third business day after the employee starts work for pay, and you usually get a result within seconds.
It sits on top of Form I-9, it doesn't replace it. Every US employer still completes an I-9 for every new hire. E-Verify is the extra, electronic step, and for most private employers it's voluntary unless a state law or a federal contract says otherwise.
How E-Verify works, step by step
- The new employee completes Section 1 of Form I-9 and you examine their documents for Section 2, as usual.
- No later than the third business day after they start work for pay, you enter the details from their I-9 into E-Verify.
- E-Verify checks them against records available to DHS and SSA.
- If the employee showed a Green Card, an Employment Authorization Document, a US passport or a passport card, Photo Matching asks you to compare the photo on their document with the one E-Verify displays.
- You get a case result, act on it if needed, and close the case.
E-Verify describes itself as the only free, fast online service of its kind, and says results can come back in as little as three to five seconds. It also says more than 1 million employers are enrolled, with about 1,500 new companies joining every week.
What each E-Verify result means
| Result | What it means | What you do |
|---|---|---|
| Employment Authorized | The details matched DHS and/or SSA records | Nothing: E-Verify closes the case automatically |
| E-Verify Needs More Time | The case was referred to DHS for more checks | Wait for an update |
| Tentative Nonconfirmation (Mismatch) | The details didn't match | Tell the employee and let them decide whether to act |
| Case in Continuance | The employee has contacted DHS or SSA, but more time is needed | Wait; don't take action against them |
| Close Case and Resubmit | DHS or SSA wants a fresh case | Close it and create a new one |
| Final Nonconfirmation | Eligibility couldn't be confirmed | Close the case; a further review can be requested |
A mismatch isn't a fail
This is where employers get into trouble. A Tentative Nonconfirmation often comes down to a typo, a name change or a date of birth entered the wrong way round. E-Verify's rules on mismatches are strict:
- Notify the employee as soon as possible, within 10 federal government working days.
- Give them a copy of the Further Action Notice and go through it with them in private.
- Tell them they have 10 federal government working days from the mismatch to say whether they'll take action.
- Don't terminate, suspend, delay training, withhold or lower pay, or take any other adverse action because of the mismatch until it becomes a Final Nonconfirmation.
E-Verify also says that if the employee chooses not to take action on the mismatch, the employer may end their employment with no civil or criminal liability under the program's memorandum of understanding. That's their choice to make, though, not yours to assume.
Do you have to use E-Verify?
For most private employers, no. E-Verify's own guidance points to two common reasons you'd have to. First, federal contractors whose contract contains the FAR E-Verify clause, which comes with its own timeframes. Second, state law: E-Verify notes that many states require employers to show E-Verify case information to state officials as proof they're complying with laws that make it a condition of a state business licence. If you hire in more than one state, check each one.
Before you enrol
E-Verify warns that once you start the enrolment process you can't save your progress if you can't finish it straight away, so gather everything first. It offers a quick reference guide, recommends finishing enrolment on a desktop computer rather than a phone, and has a search tool so you can check whether your company is already enrolled. That last check matters in businesses where a previous office manager or payroll provider may have signed you up years ago. If you're already in, find out who holds the login before you create a second account.
Three rules that catch new users
| Rule | From E-Verify's guidance |
|---|---|
| New hires only | Unless you're a federal contractor with the FAR clause, you can't use E-Verify on existing employees |
| Don't back-fill | If your account sat unused while you hired, you shouldn't go back and create cases for those hires |
| Posters | You must display the E-Verify Participation and Right to Work posters where all employees can see them, including remote staff |
The poster rule trips up remote-first teams. E-Verify says it applies to people hired to work remotely too, so put both posters wherever your remote staff really see company notices, such as your HR portal or onboarding pack. If you use an employer of record for US hires, ask them who runs E-Verify and who keeps the records.
My verdict
If you're a federal contractor or you hire in a state that requires it, E-Verify isn't optional, so enrol before your next hire, because you can't save your enrolment progress halfway through. If you're using it voluntarily, the rule that matters most is simple: a mismatch is a question, not an answer. Tell the employee privately, give them their 10 working days, and don't change anything about their job until there's a final result. Pair it with a clear employment contract so new starters know what checks to expect.
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Frequently asked questions
Is E-Verify free?
Yes. E-Verify describes itself as the only free, fast, online service of its kind for confirming employment eligibility.
When do you have to run E-Verify?
No later than the third business day after the employee starts work for pay, using the information from their Form I-9.
Is E-Verify mandatory for all employers?
No. It's voluntary for most private employers, but federal contractors with the FAR E-Verify clause and employers in states with E-Verify laws may be required to use it.
Can you run E-Verify on current employees?
Not unless you're a federal contractor with the FAR E-Verify clause in your contract. Otherwise it's for new hires only.
What is a Tentative Nonconfirmation in E-Verify?
It means the employee's information didn't match DHS or SSA records. You must tell them within 10 federal government working days and can't take adverse action while they resolve it.
Does E-Verify replace Form I-9?
No. You still complete Form I-9 for every new hire; E-Verify uses the information from it.
