E-Verify Compliance for Employers: Enrollment, Cases, and Audit Risks


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Last Updated: July 2026

E-Verify can help an employer confirm whether information provided on Form I-9 matches government records. It can also create additional deadlines, recordkeeping requirements, discrimination risks, and government visibility into the employer’s hiring practices.

Participating employers should understand which employees must be verified, when cases must be created, how mismatches must be handled, what records must be retained, and how the government monitors account activity.

E-Verify at a Glance

Question General rule
Does E-Verify replace Form I-9? No
When is a case generally due? No later than the third business day after the employee starts work for pay
Can E-Verify be used before an offer? No
Can the employee work during a mismatch? Generally, yes
Does a mismatch prove unauthorized employment? No
Can E-Verify ordinarily be used for existing employees? No, subject to limited exceptions
Is a Social Security number required? Yes, to create the E-Verify case
Must the employee present a Social Security card? No
Does Employment Authorized cure Form I-9 errors? No
Can the government monitor account activity? Yes

What Is E-Verify?

E-Verify is a web-based system administered by the Department of Homeland Security through U.S. Citizenship and Immigration Services, in partnership with the Social Security Administration.

A participating employer submits information from a completed Form I-9. E-Verify compares that information with government records and provides a case result.

E-Verify does not independently examine the employee’s original documents. The employer remains responsible for properly completing Form I-9 and examining the documentation presented by the employee.

E-Verify and Form I-9 Are Different

Form I-9 E-Verify
Required for nearly every employee hired in the United States Required only for participating or otherwise covered employers
Completed by the employee and employer Created by an authorized employer user
Requires examination of acceptable documents Compares Form I-9 information with government records
Must be retained by the employer Produces a separate electronic case record
May require future reverification Should not be used for reverification
May be inspected by ICE May be monitored by USCIS Account Compliance

An employer may receive an Employment Authorized result even though the corresponding Form I-9 contains errors. Conversely, a properly completed Form I-9 does not guarantee an immediate Employment Authorized result.

What E-Verify Does Not Do

E-Verify does not:

  • Replace Form I-9
  • Screen job applicants
  • Provide a general background check
  • Verify independent contractors
  • Replace reverification
  • Eliminate Form I-9 penalties
  • Eliminate discrimination risks
  • Prove that every document presented was genuine
  • Automatically correct Form I-9 errors
  • Provide permanent protection from a later ICE investigation
  • Permit an employer to request specific documents

Who Must Use E-Verify?

E-Verify is voluntary for many private employers, but participation may be required because of:

  • A federal contract containing the FAR E-Verify clause
  • State or local law
  • A state or local government contract
  • Participation in the STEM OPT program
  • Use of the DHS alternative procedure for remote Form I-9 document examination
  • A settlement agreement
  • A court order
  • Another government requirement

A company should identify the specific reason for participation before enrolling. The answer may affect which legal entities, hiring sites, and employees are covered.

Federal Contractors

Some federal contracts require participation under FAR 52.222-54. The actual contract or modification should be reviewed because not every company doing business with the federal government is subject to the federal-contractor E-Verify rules.

State and Local Requirements

Some states and localities require E-Verify for all employers, employers of a particular size, public employers, or government contractors.

A multi-state employer should review each jurisdiction in which it hires employees. The rules may differ based on employer size, industry, location, and contract status.

STEM OPT Employers

An employer hiring a student for a 24-month STEM OPT extension generally must be enrolled in and in good standing with E-Verify.

Enrollment solely to support a STEM OPT employee still subjects the employer to E-Verify’s broader requirements for covered new hires.

Remote Form I-9 Examination

An employer generally must be enrolled in E-Verify and in good standing to use the DHS-authorized alternative procedure for remote Form I-9 document examination.

The employer must follow all requirements of the alternative procedure, including document-copy retention, live video interaction, Form I-9 notation, and E-Verify case creation.

Voluntary Enrollment

An employer that voluntarily enrolls agrees to follow the E-Verify Memorandum of Understanding.

Before enrolling, the employer should evaluate whether it has:

  • Trained HR personnel
  • Reliable onboarding procedures
  • A process for timely case creation
  • A mismatch procedure
  • Appropriate recordkeeping
  • Coverage when the primary administrator is absent
  • A method for monitoring decentralized hiring sites
  • A process for auditing electronic-system transmissions

Benefits and Risks of Voluntary Enrollment

Potential benefits may include:

  • Electronic comparison with government records
  • Eligibility to use the authorized remote-examination procedure
  • Eligibility to employ STEM OPT students
  • Satisfaction of certain contract requirements
  • Earlier identification of some data discrepancies
  • Centralized reporting for participating locations

Potential risks may include:

  • Additional deadlines
  • Government monitoring of case activity
  • Mismatch notice and referral obligations
  • Discrimination exposure
  • Late and duplicate case records
  • Increased recordkeeping
  • Government data sharing
  • Vendor-integration failures
  • Contractual consequences
  • Referrals to other government agencies

Enrollment should be treated as a compliance decision, not merely as adding another onboarding tool.

The E-Verify Memorandum of Understanding

The Memorandum of Understanding governs the employer’s participation. It addresses:

  • Which employees must be verified
  • Prohibited prescreening
  • Employee notice requirements
  • Mismatch procedures
  • Prohibited adverse action
  • Recordkeeping
  • Government access and monitoring
  • Account termination
  • Employer responsibilities

The employer should retain a copy and ensure that program administrators understand its requirements.

Enrolling and Structuring an E-Verify Account

Before enrolling, an employer should determine which legal entities, hiring sites, and verification locations will participate.

For employers with multiple locations, subsidiaries, or centralized HR functions, improper enrollment may create gaps in coverage or inconsistent verification practices.

Hiring Sites and Verification Locations

A hiring site is a location where the employer hires employees and completes Forms I-9.

A verification location is a location where authorized personnel take information from completed Forms I-9 and create E-Verify cases.

One verification location may create cases for employees hired at multiple hiring sites. For example, five manufacturing facilities may complete Forms I-9 locally while a centralized HR department creates all E-Verify cases.

E-Verify explains the distinction between hiring sites and verification locations in its enrollment guidance.

Selecting the Appropriate Account Structure

Account or access type Typical purpose
Employer account Allows authorized users to create cases for the employer
Corporate administrator account Provides reporting and oversight for multiple employer accounts
E-Verify employer agent Allows an outside service provider to create cases for client employers
Web services access Integrates E-Verify with an electronic Form I-9 or HR system

A corporate administrator account does not, by itself, permit the corporate administrator to create E-Verify cases. The employer must enroll one or more verification locations with employer access.

Companies using an employer agent or electronic vendor should understand which obligations remain with the employer. Outsourcing case creation does not necessarily eliminate exposure for late cases, incorrect information, discrimination, or mishandled mismatches.

E-Verify User Roles

A participating employer must have at least one program administrator. It may register additional program administrators and general users.

Program Administrator

A program administrator may generally:

  • Create and manage cases
  • Register and deactivate users
  • Assign roles
  • Update company information
  • View reports
  • Manage account settings

An employer may wish to have more than one trained program administrator if the primary administrator may be unavailable.

General User

A general user may create and manage cases but does not have the same account-management authority as a program administrator.

General-user access may be appropriate for HR personnel whose responsibilities are limited to entering cases, reviewing results, and completing case-processing steps.

General users and program administrators must complete the required E-Verify tutorial before creating or managing cases. The E-Verify User Manual describes the available user roles.

Corporate Administrator

A corporate administrator may oversee multiple participating locations and review reports. Corporate administrator access alone does not allow the user to create cases.

Does the Same Person Have to Complete Form I-9 and E-Verify?

No. The person who creates the E-Verify case does not generally have to be the same person who examined the employee’s documents and completed Section 2 or Supplement B.

An authorized E-Verify user may create the case using a Form I-9 completed by another authorized representative.

The E-Verify user should not:

  • Sign or backdate Section 2 for the person who examined the documents
  • Represent that the user personally examined documents when someone else did
  • Change Form I-9 information merely to obtain a favorable result
  • Create a case before Form I-9 has been completed
  • Request different documents because the user would have preferred them

A practical internal record may identify:

  • Who completed Section 2
  • When the form was provided to the E-Verify user
  • Who created the case
  • When the case was submitted
  • Why any case was late
  • Who handled any mismatch

Protecting Account Access

Each user should have an individual account. Employers should not permit shared usernames or passwords.

Individual accounts help identify who created or modified a case. Shared credentials may impair the reliability of the employer’s records.

Employers should periodically review:

  • Active users
  • Former employees with access
  • Users who changed positions
  • Program administrator assignments
  • Verification locations
  • Hiring sites
  • Late or duplicate case patterns
  • Cases that remain open
  • User activity reports

When Must an E-Verify Case Be Created?

An employer generally must create a case no later than the third business day after the employee starts work for pay.

Before creating the case, the employer must have:

  1. Offered the individual employment;
  2. Had the employee complete Section 1; and
  3. Completed Section 2.

An employer may create a case before the employee’s first day if the employee accepted an offer and Form I-9 was completed. E-Verify may not be used to screen applicants.

Assuming no federal holiday:

First day of work E-Verify deadline
Monday Thursday
Tuesday Friday
Wednesday Monday
Thursday Tuesday
Friday Wednesday

E-Verify requires case creation no later than the third business day after the employee begins work for pay.

Employers may wish to create the case on the day Section 2 is completed or by the next business day. Waiting until the final day increases the risk that an absence, outage, or communication problem will result in a late case.

Employees Awaiting Social Security Numbers

E-Verify cannot create a case without a Social Security number.

An employee who has applied for but has not received a Social Security number may generally continue working if Form I-9 has otherwise been properly completed.

The employer should:

  • Allow the employee to continue working
  • Document that the employee is awaiting the number
  • Establish a follow-up date
  • Create the case when the number becomes available
  • Provide the accurate reason for the delay

The employer should not require the employee to present a Social Security card. The employee retains the right to choose acceptable Form I-9 documentation.

E-Verify instructs employers to allow an employee awaiting a Social Security number to continue working.

Data-Entry Controls

The E-Verify user should carefully review:

  • Full legal name
  • Other last names
  • Date of birth
  • Social Security number
  • Citizenship or immigration-status selection
  • Alien Registration Number or USCIS number
  • Form I-94 number
  • Foreign passport information
  • Document title
  • Document number
  • Document expiration date
  • First day of employment

A second-person review may be appropriate for decentralized locations, new users, unusual documents, or cases involving multiple identifying numbers.

What If the E-Verify User Finds an Error?

If information was entered incorrectly, the user should follow the system instructions for correcting or resubmitting the case.

If the E-Verify entry accurately reflects Form I-9 but the form contains an error, the employer should determine how the form may properly be corrected.

The employer should not:

  • Conceal the original information
  • Backdate a correction
  • Change the employee’s attestation without the employee
  • Alter information to force a favorable result
  • Demand new documents because of a mismatch

Duplicate Cases

E-Verify may display an alert when the employee’s information appears in another case under the same account.

A duplicate alert does not always mean the new case is improper. There may be a valid reason, such as a qualifying rehire or a resubmission directed by E-Verify.

Employers should not create another case merely because:

  • The first case returned a mismatch
  • The first case remains pending
  • The employer wants a different result
  • The user entered incorrect information but did not follow correction instructions

E-Verify uses duplicate alerts to identify potentially overlapping cases.

Late Cases

If a required case was not created on time, the employer should generally create it as soon as possible.

The employer should not:

  • Enter a false first day
  • Backdate the case
  • Select an inaccurate reason
  • Create a new Form I-9 to make the case appear timely
  • Skip the case because the deadline passed

The employer should determine why the case was late and correct the underlying process.

E-Verify Outages and Technical Problems

If an outage prevents timely case creation, the employer should create the case when service becomes available and provide the appropriate explanation.

The employer may wish to retain:

  • A screenshot of the error or outage notice
  • Date and time access was attempted
  • Help-desk ticket
  • Vendor correspondence
  • Date the case was created
  • Explanation of the delay

Recurring integration failures should be investigated rather than treated as isolated outages.

Understanding Case Results

Case result General meaning Employer response
Employment Authorized Information matched available records Record the result and complete the case
E-Verify Needs More Time Additional government review is required Continue employment and monitor
Mismatch Information did not match DHS or SSA records Notify the employee and follow the notice process
Case in Continuance Employee took action but more time is required Continue employment and monitor
Close Case and Resubmit The case cannot be processed as submitted Follow E-Verify instructions
Final Nonconfirmation Employment authorization was not confirmed or the employee did not act Review the record and determine appropriate action

Employment Authorized

An Employment Authorized result means that the information matched available government records.

The employer should retain the case number and required documentation.

The result does not:

  • Replace Form I-9
  • Cure Form I-9 errors
  • Establish that Form I-9 was timely
  • Establish that the case was timely
  • Eliminate future reverification
  • Protect the employer from later actual or constructive knowledge
  • Establish compliance with every MOU requirement

E-Verify Needs More Time

This result means E-Verify requires additional time to review the case.

The employer should:

  • Allow the employee to continue working
  • Avoid requesting different documents
  • Check for updates
  • Maintain normal pay, hours, training, and assignments
  • Avoid creating another case

E-Verify explains cases requiring additional review in its User Manual.

What Is an E-Verify Mismatch?

A mismatch, historically called a Tentative Nonconfirmation, means the information did not match DHS or SSA records.

A mismatch does not necessarily mean that:

  • The employee is unauthorized
  • The documents are fraudulent
  • The employee made a false statement
  • Form I-9 was completed incorrectly
  • The employee should be terminated

Possible reasons include data-entry errors, name changes, government-record errors, citizenship discrepancies, and immigration-processing delays.

Responding to a Mismatch

The employer should promptly and privately notify the employee.

Under current procedures, the employer must generally notify the employee and complete the initial process within 10 federal government working days after the mismatch was issued.

The employer should ordinarily:

  1. Compare the E-Verify entry with Form I-9.
  2. Determine whether the employer made an error.
  3. Download the Further Action Notice.
  4. Meet privately with the employee.
  5. Review the notice.
  6. Provide the English notice and an available translation.
  7. Allow the employee to decide whether to take action.
  8. Record the decision.
  9. Complete the referral if the employee takes action.
  10. Provide the Referral Date Confirmation.
  11. Monitor the case.

E-Verify provides current mismatch procedures in its User Manual.

Sample Explanation to the Employee

An HR representative may explain:

E-Verify was unable to immediately match some of the information submitted from your Form I-9 with government records. This does not necessarily mean that you are not authorized to work. We are required to review this Further Action Notice with you and give you the opportunity to decide whether you want to take action. You may continue working while the case is being resolved, and the company will not take adverse action against you because of the mismatch.

The HR representative should avoid accusing the employee of presenting false documents or lacking authorization.

The Employee’s Decision

The employer should not:

  • Tell the employee which option to select
  • Pressure the employee not to take action
  • Require the employee to resign
  • Demand replacement documents
  • Request an explanation of immigration history
  • Select an answer for the employee
  • Require the employee to contact DHS or SSA before referral

If the employee chooses to take action, the employer should complete the referral and provide the Referral Date Confirmation.

Referring the Employee

Depending on the mismatch, the employee may need to contact DHS, visit SSA, or take both actions.

The employee generally has eight federal government working days after referral to take the directed action.

E-Verify provides referral instructions for DHS and SSA mismatches.

Prohibited Adverse Action

An employer may not take adverse action because of a pending mismatch.

Prohibited actions may include:

  • Termination
  • Suspension
  • Delaying the employee’s start
  • Reducing hours
  • Withholding pay
  • Delaying training
  • Denying assignments
  • Removing the employee from a project
  • Requiring unpaid leave
  • Demanding additional documents
  • Encouraging resignation
  • Threatening to contact immigration authorities

E-Verify expressly prohibits adverse action while a mismatch remains pending.

Case in Continuance

A Case in Continuance generally means the employee contacted DHS or SSA, but the agency requires more time.

The employer should:

  • Allow the employee to continue working
  • Continue normal pay and benefits
  • Avoid requesting new documents
  • Check for updates
  • Avoid creating another case

A Case in Continuance is not a Final Nonconfirmation.

Photo Matching

Photo matching may be triggered when an employee presents:

  • A U.S. passport
  • A U.S. passport card
  • A Permanent Resident Card
  • An Employment Authorization Document

The employer must compare the photograph displayed by E-Verify with the photograph on the document, not directly with the employee’s face.

E-Verify explains the required document-to-system photo comparison.

Even if the employer does not ordinarily copy documents, it generally must copy and retain documents that trigger photo matching.

Close Case and Resubmit

This result means DHS or SSA cannot process the case as submitted and requires resubmission.

The employer should:

  • Follow the system prompts
  • Review the Form I-9
  • Verify the information
  • Preserve the original case record
  • Document why another case was created

A directed resubmission is different from an unauthorized duplicate case.

Final Nonconfirmation

A Final Nonconfirmation may be issued when employment authorization cannot be confirmed, the employee chooses not to act, or the employee fails to complete required steps.

Before acting, the employer should confirm that:

  • The case belongs to the correct employee
  • Information was accurately entered
  • The employee received the notice
  • The employee’s decision was accurately recorded
  • The referral was completed
  • Deadlines were correctly calculated
  • The case is not pending
  • E-Verify actually issued a Final Nonconfirmation

E-Verify permits termination based on a Final Nonconfirmation. Continuing employment may create legal risk, while termination following an improperly handled case may also create liability.

E-Verify Recordkeeping

For each case, the employer must record the case number on Form I-9 or attach the case-details page.

Related records may include:

  • Case creation date
  • Case results
  • Further Action Notice
  • Translation provided
  • Employee decision
  • Referral Date Confirmation
  • Case in Continuance documentation
  • Photo-matching copies
  • Late-case explanation
  • Duplicate-case explanation
  • Outage documentation
  • Government correspondence

E-Verify documentation generally should be retained for the same period as Form I-9.

Historical Records

USCIS periodically disposes of E-Verify cases that are more than 10 years old.

Program administrators may use the Historical Records Report to preserve case information before disposal. E-Verify provides instructions for downloading historical records.

The employer should not assume E-Verify will permanently preserve its case history.

Required Posters

Participating employers must display:

  • The E-Verify Notice of Participation
  • The Department of Justice Right to Work poster

The notices must be displayed in English and Spanish. E-Verify identifies these posting requirements in its employee-rights guidance.

Government Monitoring

USCIS uses Account Compliance activities to identify potential misuse.

E-Verify may analyze:

  • Late cases
  • Duplicate cases
  • Cases created before employment offers
  • Missing cases
  • Improper verification of existing employees
  • High mismatch rates
  • Mismatch handling
  • Adverse action
  • Improper case closure
  • Shared access
  • Selective use

E-Verify describes Account Compliance as a process for identifying and resolving potential misuse.

E-Verify Desk Reviews

An employer may be contacted by telephone or email and asked about:

  • Account structure
  • Hiring sites
  • User access
  • Case timing
  • Duplicate cases
  • Mismatch procedures
  • Employee notices
  • Federal-contractor status
  • Training
  • Electronic systems
  • Corrective action

A desk review is not necessarily an ICE inspection. However, it should not be treated as an informal customer-service inquiry.

Before responding, the employer may wish to:

  1. Verify the contact.
  2. Preserve records.
  3. Identify the scope.
  4. Review the MOU.
  5. Determine whether legal review is appropriate.
  6. Respond accurately and timely.
  7. Avoid altering or deleting records.

Possible Consequences

Account Compliance may:

  • Contact the employer
  • Provide assistance
  • Require corrective measures
  • Continue monitoring
  • Restrict or terminate access
  • Refer the matter to another agency

E-Verify states that Account Compliance may terminate an account or refer an employer to ICE, the Department of Justice, or other law-enforcement agencies. E-Verify discusses these consequences in its self-assessment guidance.

Government Data Sharing

Information entered into E-Verify does not necessarily remain within the employer’s HR department.

Information may be shared for verification, compliance, fraud-prevention, law-enforcement, intelligence, or other authorized purposes. The E-Verify Privacy Statement describes authorized information sharing.

Conducting an Internal E-Verify Audit

An internal audit may identify missing, late, duplicate, unresolved, or improperly handled cases before government contact.

The review should account for:

  • Enrollment date
  • Participating legal entities
  • Hiring sites
  • Federal contracts
  • State requirements
  • Electronic systems
  • Acquisition history
  • Periods in which E-Verify was required

The employer should not simply create cases for every current employee. Existing employees generally may not be verified without specific authority.

Internal Audit Checklist

The employer may review:

  • Account information
  • Active users
  • Former users
  • Hiring sites
  • Verification locations
  • Payroll compared with E-Verify cases
  • Hire dates compared with case dates
  • Missing cases
  • Late cases
  • Duplicate cases
  • Open cases
  • Mismatches
  • Referrals
  • Final Nonconfirmations
  • Photo-matching copies
  • Case numbers on Forms I-9
  • Required posters
  • Written procedures
  • Vendor transmissions
  • Federal-contract assignments

If a required case was never created, the employer should generally create it as soon as possible, provide the accurate reason for the delay, and preserve a transparent record.

Federal Contractors

A company does not become subject to the federal-contractor rules merely because it performs some federal work. The contract generally must contain the FAR E-Verify clause.

Under the current FAR, the clause generally applies to contracts exceeding $150,000, subject to exceptions involving:

  • Work performed only outside the United States
  • Performance periods shorter than 120 days
  • Certain commercially available off-the-shelf items
  • Certain related commercial services

Current applicability provisions appear in FAR 22.1803.

General Federal-Contractor Deadlines

A contractor that is not already enrolled as a federal contractor generally must:

  • Enroll within 30 calendar days after award
  • Begin verifying new hires within the applicable 90-day enrollment period
  • Verify covered new hires within three business days
  • Verify employees assigned to the contract within the applicable deadline

The current FAR clause permits a contractor to elect to verify all existing employees hired after November 6, 1986, rather than only existing employees assigned to the contract. The optional all-existing-employees process generally has a 180-calendar-day period.

FAR 52.222-54 contains the current verification rules.

A contractor should not target existing employees based on citizenship, national origin, accent, appearance, or perceived immigration status.

Mergers and Acquisitions

E-Verify and Form I-9 issues should be addressed before a merger, stock purchase, asset purchase, or workforce acquisition closes.

A successor employer may generally:

  1. Treat acquired employees as new hires and complete new Forms I-9; or
  2. Treat them as continuing employees and adopt the predecessor’s Forms I-9.

USCIS discusses these alternatives in its mergers-and-acquisitions guidance.

If the buyer adopts the predecessor’s Forms I-9, it may also inherit the risk associated with defective or missing records.

Due diligence may review:

  • Whether Forms I-9 exist
  • Completion dates
  • Signatures
  • Document information
  • Reverification
  • Electronic audit trails
  • E-Verify cases
  • Mismatches
  • Federal-contract obligations
  • Government audits
  • Record-transfer procedures

E-Verify generally should not be used to screen continuing acquired employees merely because the buyer participates. Federal-contractor rules may produce a different result.

Common E-Verify Failures

Common problems include:

  • Enrolling the wrong entity
  • Omitting hiring sites
  • Selective use
  • Prescreening applicants
  • Creating cases before Form I-9
  • Creating cases late
  • Using false hire dates
  • Missing cases
  • Improper verification of existing employees
  • Requiring Social Security cards
  • Delaying employees awaiting Social Security numbers
  • Shared credentials
  • Former users retaining access
  • Unresolved cases
  • Duplicate cases
  • Mishandled mismatches
  • Premature adverse action
  • Missing photo-document copies
  • Missing case numbers
  • Vendor-transmission failures
  • Assuming Employment Authorized cures Form I-9 errors
  • Ignoring federal-contract modifications
  • Failing to plan for acquisitions
  • Failing to preserve historical records

Frequently Asked Questions

Is E-Verify required for every employer?

No. Federal law does not generally require every private employer to participate. Federal contracts, state laws, government programs, and other requirements may apply.

Is E-Verify required for private employers in Texas?

Texas does not currently impose a general mandate on every private employer. Requirements may apply to state agencies, certain contractors, federal contractors, and employers subject to specific programs or statutes.

Does E-Verify replace Form I-9?

No. Form I-9 must be completed before the E-Verify case is created.

Is E-Verify free?

Direct government access does not generally require an enrollment or case fee. Employers may incur vendor, training, administration, audit, and legal costs.

Can an employer run E-Verify before an employee starts?

Yes, after the employee accepts an offer and Form I-9 is completed. It may not be used before an offer to screen applicants.

Does the Section 2 representative have to create the case?

No. Another trained and authorized user may create the case from the completed Form I-9.

Must an employee provide a Social Security card?

No. E-Verify requires a Social Security number, but the employer may not require a Social Security card as the employee’s Form I-9 document.

Can an employee work while awaiting a Social Security number?

Generally, yes, if Form I-9 is otherwise properly completed. The case should be created when the number becomes available.

Can E-Verify be used for independent contractors?

Generally, no. Employers create cases for employees, not independent contractors.

Can E-Verify be used for existing employees?

Generally, no, subject to limited exceptions such as certain federal-contractor procedures.

Does E-Verify replace reverification?

No. Reverification is completed through Supplement B or the applicable section of an earlier valid Form I-9.

Does an Employment Authorized result eliminate reverification?

No. Temporary employment authorization may still require timely Form I-9 reverification.

What does a mismatch mean?

It means information did not match available government records. It does not necessarily mean the employee is unauthorized.

Can an employee continue working after a mismatch?

Generally, yes. The employer may not take adverse action while the employee timely takes action or the case remains pending.

Can the employer request new documents after a mismatch?

Not merely because of the mismatch. The employer should follow E-Verify procedures and separately address any actual Form I-9 error.

Can an employer terminate after Final Nonconfirmation?

E-Verify permits termination based on Final Nonconfirmation. The employer should first confirm that the case and all procedures were handled correctly.

Must an E-Verify employer copy documents?

Documents triggering photo matching generally must be copied. Employers using the authorized remote procedure must retain copies of all documents examined under that procedure.

Can an E-Verify employer examine documents remotely?

A participating employer in good standing may qualify to use the DHS alternative procedure if every requirement is followed.

Can an employer use E-Verify for only some new hires?

A participating employer generally must use it consistently for all covered new hires at participating locations.

Does an E-Verify vendor assume the employer’s liability?

No. The employer generally remains responsible for timeliness, accuracy, mismatch handling, records, and compliance.

Does E-Verify protect an employer from ICE penalties?

No. ICE may still assess penalties for Form I-9 violations.

How often should an employer audit E-Verify?

There is no universal federal interval. The appropriate frequency may depend on hiring volume, locations, HR turnover, federal contracts, prior problems, and electronic-system use.

E-Verify Compliance Services

Myers Immigration Law assists employers with:

  • E-Verify enrollment and account structure
  • Written policies
  • Internal Form I-9 and E-Verify audits
  • Late and missing cases
  • Duplicate cases
  • Mismatch procedures
  • Final Nonconfirmations
  • Federal-contractor requirements
  • Remote Form I-9 procedures
  • Electronic systems
  • E-Verify desk reviews
  • Government inquiries
  • Mergers and acquisitions
  • HR training
  • ICE Notices of Inspection
  • Notices of Suspect Documents
  • Worksite-enforcement planning

Please contact Myers Immigration Law at (210) 640-7424 or info@myersimmigration.com with case-specific questions or concerns.

Related Employer Compliance Resources

This page provides general information and is not legal advice. E-Verify and Form I-9 requirements may depend on the employer’s location, enrollment type, contracts, workforce, hiring practices, and particular facts. Government guidance and applicable laws may change. Employers should review current government instructions and consider obtaining case-specific advice before acting on a mismatch, Final Nonconfirmation, federal-contractor obligation, government inquiry, or possible employment-authorization issue. Consult an experienced Form I-9, E-Verify and employer compliance attorney before taking any action.