E-Verify – Employment Eligibility Verification

Employment Eligibility Verification (E-Verify) is an internet-based system in the U.S. that allows U.S. employers to verify the employment eligibility of their employees. It is administered by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It is available in all fifty (50) states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and Commonwealth of Northern Mariana Islands.

Using this system, employers verify the identity and employment eligibility of newly hired employees by electronically matching information given by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

Even though it is a voluntary program, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Some states may require employers to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as a condition of business licensing. In some cases, employers may be required to participate in E-Verify because of a legal ruling.

Please see below how E-Verify works:

  1. Once an employer hires a new employee, the employer is required to complete Form I-9. This form requires the employee to provide his/her name, date of birth, Social Security Number (SSN), and citizenship or immigration status. The employer uses this information to verify the employee’s identity and eligibility to work in the United States.
  2. If the employer is enrolled in the E-Verify program, then the employer enters this information into the E-Verify system. This must be done within three days of the employee’s start date.
  3. Once receiving the information from the employer, the E-Verify system checks the information against government databases, including the Social Security Administration and the Department of Homeland Security. In most cases, the system provides an instant result.
  4. The following could be possible results of the search by E-Verify system:
    1.  “Employment Authorized”: This means that the employee is eligible to work in the U.S.
    2. “Employment Authorization Document (EAD) Required”: This could mean that the employee might be legal in the country but must present additional documentation to the employer.
    3. “Verification in Process”: This means that further review is required, or the system is still checking the information against the government databases.
    4. “Tentative Non-confirmation (TNC)”: This means there is no confirmation in the information provided. It would require the employee and employer rechecking the information entered into the system to see if there is a discrepancy in the information provided. The employee is also given an opportunity to contest the result. The system even gives the employee instructions on how to resolve the discrepancy with the appropriate government agency (typically, the SSA or the U.S. Citizenship and Immigration Services). Until the TNC is resolved employers are not allowed to take any adverse action against the employee. Usually, the employee provides additional documentation to resolve the discrepancy. Once all discrepancies are resolved, E-Verify provides employment authorization result which would mean that the employee is authorized to work in the US legally.

The link below takes you directly to the E-Verify internet site:


The link below takes you directly to the E-Verify presentation (Form I-9 Overview):


To Top