E-Verify QUICK REFERENCE GUIDE FOR CLIENTS OF E-Verify EMPLOYER AGENTS

2.0 GETTING STARTED

If an employer decides to use an E-Verify employer agent to confirm the employment eligibility of their new hires or employees assigned to a federal contract through E-Verify then the E‑Verify employer agent will enroll the employer in E-Verify as a client. To enroll the employer, the E-Verify employer agent requires the following information:

  • The employer name
  • The physical address of the employer
  • The employer mailing address
  • The employer identification number (also called a federal tax ID number)
  • Total number of employees
  • The first three digits of the employer’s North American Industry Classification System (NAICS) code
  • The number of hiring sites that will participate in E-Verify in each state
  • Whether the employer is a federal contractor, airport operator, or a federal, state or local government organization and whether the employer is enrolling in E-Verify because it has a covered federal contract with the Federal Acquisition Regulation (FAR) clause requiring use of E-Verify
  • Contact information (name, phone number, fax number (optional) and e-mail address) for the employer’s memorandum of understanding (MOU) signatory who is authorized to act on behalf of the employer
  • Contact information (name, phone number, fax number (optional) and e-mail address), if this is not the same person as the signatory

NOTE: If any of the information listed above changes while you are enrolled in E‑Verify, you must notify your E-Verify employer agent. Your E-Verify employer agent is responsible for managing your account in E-Verify.

Upon enrollment, your E-Verify employer agent must provide you with a copy of the E-Verify user manual and the Notice of E-Verify Participation and Right to Work posters in English and Spanish. You are required to become familiar with the E-Verify user manual and posters. You must clearly display both posters in English and Spanish in a prominent place that is clearly visible to prospective employees and all employees who will have their employment eligibility confirmed with E-Verify. In addition to displaying the English and Spanish versions of the E-Verify Participation poster, you may also display any of the foreign language versions provided by E-Verify.

USCIS further recommends that you provide a copy of these posters with job application materials, either online or in hard copy. Your E-Verify employer agent should provide you with new participation posters when updates are made by DHS so that employees, applicants, and the public have the most recent and complete information regarding E-Verify. After logging in to E-Verify, the posters are available under View Essential Resources.

E-Verify Memorandum of Understanding (MOU)

The E-Verify Memorandum of Understanding (MOU) sets forth the responsibilities of E-Verify employers and E-Verify employer agents. The employer and E-Verify employer agent must agree to and follow the rules and responsibilities in the MOU. During the enrollment process, the E-Verify employer agent will provide your signatory’s name and email address. The MOU signatory is the individual with signature authority to legally bind the company to the agreement. Typically, the MOU signatory is a business owner, company president, human resources director or legal counsel.

Once the E-Verify employer agent submits the enrollment request, the MOU signatory will receive an email from E-Verify. This email will provide a link for the signatory to electronically sign the MOU. The MOU signatory must sign the MOU within the time provided in the email instructions or contact the E-Verify employer agent to have E-Verify resend the MOU.

By signing the MOU, the signatory is committing the employer to comply with the terms of the MOU. After the signatory has electronically signed the MOU, the E-Verify employer agent can begin creating E-Verify cases on your behalf. You should print the MOU and keep a copy for your records.

The signatory will also have the opportunity to provide information about how the company learned about E-Verify.

Important

For information on E-Verify rules and responsibilities for federal contractors with the FAR E-Verify clause, refer to the E-Verify Supplemental Guide for Federal Contractors.

Client – E-Verify Employer Agent Relationship

E-Verify does not dictate how E-Verify employer agents communicate with their clients and provide them with instructions and training about their E-Verify responsibilities. Both the clients and their E‑Verify employer agents are responsible for properly using E-Verify as outlined in the MOU and other guidance. We recommend that you and your E-Verify employer agent determine how they will communicate with you and provide you with the information you need to follow E-Verify guidelines and processes.

Privacy and Security Statement

The use of E-Verify requires the collection of personally identifiable information (PII). Employers must protect the privacy of employees who submit information to be processed through E-Verify and ensure that all personal information collected is safeguarded and used only for the purposes outlined in the MOU.

E-Verify protects PII in accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7) by annually disposing of E-Verify records that are over 10 years old. This minimizes security and privacy risks associated with U.S. government retention of PII.

Failure to properly protect employee information can result in identity theft or fraud and can cause legal consequences, considerable inconvenience, harm or embarrassment to the employees or employer affected.

At a minimum, follow the steps in the Privacy Guidelines Overview to protect personal information and comply with the appropriate requirements.

PRIVACY GUIDELINES OVERVIEW

  • Allow only authorized users to use E-Verify.
    Ensure that only appropriate users handle information and create cases.
  • Protect and store individuals’ information properly.
    Ensure that employee information is stored in a safe and secure location and that only authorized users have access to this information.
  • Discuss E-Verify results in private.
    Ensure that all case results, including Tentative Nonconfirmation (TNCs) and Final Nonconfirmation, are discussed in privately with the employee.

Form I-9 and E-Verify

Employers are required to timely and properly complete and retain Form I-9 for each employee they hire. The first day of employment means the first day an employee works in exchange for wages or other remuneration. These Form I-9 requirements also apply to E-Verify employers. With the goal of ensuring a legal workforce, employers enrolled in E Verify have chosen to take the additional step of electronically confirming that their employees are employment authorized.

For employers that use E-Verify employer agents for E-Verify, your E-Verify employer agent must create E-Verify cases for you no later than the third business day after your newly hired employees start work for pay.

Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSN) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all newly hired employees including seasonal, temporary, and rehired employees of E-Verify employers must provide their SSNs.

Additionally, a photo matching step may be triggered if the employee provided a U.S. passport, passport card, Permanent Resident Card (Form I-551), or Employment Authorization Document (Form I-766). You must provide a clear copy of the employee’s Form I-9 photo document to your E-Verify employer agent. It is the responsibility of you and your E-Verify employer agent to determine how you will provide copies of photo documents to your E-Verify employer agent. For specific guidance related to Form I-9 and photo matching, refer to the E-Verify User Manual.

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