In some states E-Verify is voluntary while other states require participation in E-Verify for some employers or all employers. Visit our State Resources page to find out if your state requires E-Verify. Since 2009, all federal contractors and their subcontractors (paid over $3,000) have been required to use E-Verify to confirm that their new hires and all existing employees working directly on federal contracts are authorized to work in the U.S.
With E-verify, you’ll know instantly whether your employees are “Employment Authorized.” If their information returns invalid or incomplete, you’ll also be notified. If the system determines that a manual review of records is necessary, you’ll receive a “Verification In Process” response, and verification results are returned within 24 to 48 hours.
Occasionally, however, the information from an employee’s I-9 doesn’t match government records. In these cases, E-Verify will display a TNC result. A TNC doesn’t mean that your employee isn’t eligible to work in the U.S. or is an undocumented noncitizen. If you receive a TNC result, the notice will explain the cause of the mismatch. The employee has eight federal business days to resolve the situation, and you must allow him or her to continue working until you receive a final result from E-Verify. Employers may not take action based on a TNC unless a “Final Nonconfirmation” notice is received.
“Final Nonconfirmation” means that E-Verify cannot confirm employment eligibility after the employee took additional action.
Four Things Employers Should Know About E-Verify:
NCS can help you comply with the law with our easy-to-use system that guides and stores new hire Form I-9s online and returns E-Verify results instantly. With paperless E-Verify from National Crime Search, the employment verification process has been made simpler, more efficient and more reliable.