What is E-Verify for US employees? Here's what you need to know

Time of India

26-06-2025

E-verify for US employees
A job acceptance may feel like the end of the road in the hiring journey, but for many workers in the United States, it's only the beginning of a silent but swift verification process that could determine their ability to actually start the job.
At the heart of this digital checkpoint is E-Verify, a powerful tool employers use to confirm whether new hires are legally eligible to work in the country.
Though it operates behind the scenes, E-Verify plays a growing role in shaping who gets to work and when. And for employees, understanding the system is no longer optional. It's essential.
What exactly is e-verify?
E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in coordination with the Social Security Administration (SSA).
It compares information from an employee's Form I-9—a document required by federal law on the first day of employment—with government records to determine if a person is authorized to work in the U.S.
Originally created under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the system has expanded significantly in recent years. While not every employer is legally required to use E-Verify, participation is mandatory for federal contractors and in certain states where local law mandates it.
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When does it happen, and what can't employers do?
E-Verify may only be used
after
a candidate has accepted a formal job offer and has completed Form I-9. Employers are strictly prohibited from using it as a pre-employment screening tool. That means your eligibility can't be checked during interviews, assessments, or before the paperwork is signed.
If an employer attempts to run an E-Verify check before offering a position, they are not only violating the terms of the system—they may be engaging in unlawful discriminatory practices.
Employees should be aware of this boundary and speak up if it is crossed.
What happens during the verification process?
Once Form I-9 is submitted, the employer inputs details such as your name, date of birth, Social Security number, and immigration or citizenship documentation into the E-Verify portal. In most cases, the system returns a result within three to five seconds.
Here's what you might encounter:
Employment Authorized
: Your data matches government records—no further action needed.
Tentative Nonconfirmation
(TNC)
: A mismatch was found.
Final Nonconfirmation
: You either didn't contest the TNC or couldn't resolve it within the timeline.
If you receive a TNC, it doesn't mean you're ineligible to work—it means there's an inconsistency that must be clarified.
Employers are legally required to notify you of this and provide written instructions to contest the result. You'll then have eight federal business days to contact the appropriate agency—either DHS or SSA—to begin resolving the issue.
Your rights: Non-negotiable and federally protected
Employees have specific rights throughout the E-Verify process. These include:
The right to be notified of any mismatch.
The right to contest that mismatch without retaliation.
The right to continue working while the mismatch is being resolved.
Protection from discrimination based on nationality, citizenship status, or immigration background.
An employer cannot fire, suspend, delay a start date, or change job conditions just because a TNC has been issued.
Doing so violates federal anti-discrimination laws and could lead to serious penalties.
The importance of accurate documents
Most E-Verify mismatches happen because of errors—typos in names, outdated immigration documents, or mismatches between married names and Social Security records. To avoid unnecessary complications, employees should ensure their documents are accurate and up to date before submitting Form I-9.
If you're unsure about your records, you can use Self Check, a free tool provided by E-Verify that lets individuals confirm their own work eligibility and flag issues ahead of time.
What E-verify is not
E-Verify does
not
determine immigration status. It only checks whether your employment documents match the government's existing records. It also doesn't replace the Form I-9, which employers must still complete and retain for every employee, regardless of E-Verify participation.
Nor is E-Verify a mechanism for job applicants to gain work authorization. It's a verification system, not an application process—and should not be confused with pathways like green card sponsorship or work visa applications.
Why this matters now more than ever
As more employers across industries, from tech startups to retail giants, voluntarily adopt E-Verify, employees across the country are increasingly finding themselves subject to it. Yet most don't realize what's happening until a mismatch occurs.
In a labor environment where one error in a database can delay your first paycheck, or worse, cost you a job, proactive knowledge is your best protection. Knowing your rights, understanding the steps, and being ready to respond puts power back into your hands.
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