E-Verify
Is E-Verify Mandatory, and How Is It Different From Form I-9?
E-Verify is a federal online system that lets employers confirm a new hire’s employment eligibility by cross-checking Form I-9 information against Social Security Administration and Department of Homeland Security records. It’s mandatory for some employers, optional for others.
E-Verify works alongside Form I-9: employers complete the I-9 first, then submit the relevant information through E-Verify, which typically returns a result within seconds. Federal contractors with certain contract clauses are required to use E-Verify, as are employers in a number of states that mandate it.
When E-Verify returns a “Tentative Nonconfirmation” (TNC), the employee has the right to contest it and a set window to resolve the discrepancy before an employer can take adverse action. Employers must follow specific procedures when handling a TNC.
E-Verify Key Facts: Mandatory Use and TNC Rights
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Used in conjunction with, not as a replacement for, Form I-9.
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Mandatory for many federal contractors and in a number of states; voluntary elsewhere.
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Returns eligibility results within seconds in most cases.
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A "Tentative Nonconfirmation" gives the employee the right to contest before adverse action is taken.
Frequently Asked Questions
Is E-Verify required for all employers?
No—it’s mandatory for certain federal contractors and in states that require it.
What happens if E-Verify can't confirm eligibility right away?
The employee receives a Tentative Nonconfirmation and has a window to resolve the discrepancy.
Does E-Verify replace the I-9 process?
No—Form I-9 must still be completed first.
How long does it take to get an E-Verify result after submitting Form I-9 data?
Most cases return an “Employment Authorized” result within seconds, though some require additional verification steps that can take longer.
Can an employer fire an employee immediately after receiving a Tentative Nonconfirmation?
No—employers must notify the employee and give them the opportunity to contest the TNC before taking any adverse action.
Related terms: I-9 Verification, New Hire Reporting, Employee Onboarding Process