E‑Verify Explained

Each year, thousands of U.S. employers onboard new hires and face one key compliance step: verifying that every employee is legally authorized to work. For many HR teams, this process happens through E‑Verify.

E‑Verify is the federal government’s internet‑based employment eligibility verification system. Operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), it enables enrolled employers to confirm new employees’ work authorization quickly and securely.

This guide explains how the E‑Verify program works, when participation is required, and what an E-Verify employer needs to know to stay compliant with federal immigration law.

What is E-Verify?

E‑Verify is a U.S. government program that connects hiring systems with federal databases to validate employment eligibility. Rather than replacing the Form I‑9 (Employment Eligibility Verification), it builds on it by electronically comparing employee information against governmental records.

The platform provides near‑instant verification that helps identify potential discrepancies, known as Tentative Nonconfirmations (TNCs), which employees have the right to resolve. Because it’s integrated directly with U.S. Citizenship and Immigration Services (USCIS), E‑Verify gives employers confidence that their hiring process aligns with federal standards for maintaining a legal workforce.

Participating in the E‑Verify program also grants access to dedicated myE‑Verify resources for employees and webinars for employers seeking to understand compliance procedures, case management, and record‑keeping expectations.

What is E‑Verify Plus?

E‑Verify Plus (E‑Verify+) is a modernized version of the system introduced by DHS to improve transparency and user experience. It allows employees to participate directly through their myE‑Verify accounts, upload documents, and track your e-verify case progress.

Employers benefit from simplified case management, clearer instructions, and faster resolution of mismatches. E‑Verify+ aims to reduce errors and strengthen data security across the verification process.

How does the E‑Verify process work?

Once a new hire accepts a job offer, employers use the E‑Verify system to confirm that the person is authorized to work in the United States. The process is structured and time‑sensitive, designed to integrate smoothly with onboarding and Form I‑9 completion requirements. Here’s how the E‑Verify process works step by step:

Step 1: Complete Form I‑9
Within three business days of the employee’s start date, the employer must have the employee complete Form I‑9 (Employment Eligibility Verification). This form collects the employee’s personal and employment authorization details and supporting documents.

Step 2: Submit employee information to E‑Verify
Using the E‑Verify platform, the employer or authorized employer agent enters the employee’s information exactly as it appears on Form I‑9.

Step 3: System compares data with federal records
The E‑Verify system checks the employee’s data against government records from two main sources:

• The Social Security Administration (SSA) for name, date of birth, and Social Security number
• The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) for immigration and work authorization records

Step 4: Receive the case result
Most E‑Verify cases return a case result within seconds. If the information matches, E‑Verify designates the case as Employment Authorized and the process closes automatically.

Step 5: Handle mismatches (Tentative Nonconfirmation)
If a mismatch or discrepancy is detected, the case results in a Tentative Nonconfirmation (TNC). The employer must promptly notify the employee and give them the option to contest and resolve the issue with DHS or SSA.

Step 6: Maintain and monitor records
Employers can track all case activity in their E‑Verify dashboard, ensuring compliance with system requirements. They must store case records securely and monitor updates until each case is resolved.

Important note: Employers must never take adverse action against an employee based on a Tentative Nonconfirmation. The employee must be given time to resolve the issue with DHS or SSA.

Who is required to use E‑Verify?

While E‑Verify is a cornerstone of the U.S. government’s work authorization system, not every employer is legally required to participate. Federal law sets baseline rules, but specific obligations depend on your organization’s contracts, location, and hiring practices.

Below are the main categories of employers that must use the E‑Verify program under federal or state mandates. Understanding whether your company falls into one of these groups helps prevent compliance gaps and ensures proper enrollment. Before enrolling, confirm whether your organization is covered by a federal contract or state requirement.

• Federal contractors and subcontractors with the E‑Verify clause in their contracts
• Employers in states that have passed laws mandating E‑Verify participation
• Certain employers hiring workers under specific visa programs, such as the H‑1B visa, when required by contract or state regulation
• Employers that enroll voluntarily to strengthen compliance and reduce risk of penalties under U.S. immigration law
• Employers not covered by mandates are generally exempt but must still complete Form I‑9 for every new hire

What employers see in an E‑Verify case

When an employer submits an employee’s information through E‑Verify, the system immediately returns a case result. Employers see only limited, employment‑related information—not immigration history, criminal records, or personal details. Most cases resolve within seconds, and results are visible in the employer dashboard for tracking and recordkeeping.

Here’s what each possible E‑Verify case result means:

• Employment Authorized: The employee’s information matches DHS and SSA records, confirming work authorization. No further action is required, and the case automatically closes in the system.
• Tentative Nonconfirmation (TNC): Some of the employee’s data—such as name, date of birth, or Social Security number—does not match government records. The employer must notify the employee and allow them to contact DHS or SSA to correct or contest the mismatch before any employment decision is made.
• Final Nonconfirmation: The mismatch was not resolved within the allotted response period, or the employee chose not to contest the TNC. Employers must then end employment in compliance with federal rules.
• Case in Continuance: The employee is actively working with USCIS, DHS, or SSA to resolve the issue, and the case remains open until those agencies complete their review.

Common causes of mismatches include recent name changes, typographical errors on Form I‑9, outdated government records, or new identity documents not yet updated in federal databases. Large organizations, including multinationals using the L‑1 visa, often rely on E‑Verify to maintain consistency and compliance across their hiring sites and corporate entities.

E‑Verify vs. Form I‑9: What’s the difference?

Every employer in the United States must complete Form I‑9 for each new hire to verify identity and work authorization. E‑Verify is an optional (or sometimes mandatory) electronic extension of that process.

Failing to complete Form I‑9 or misusing E‑Verify can lead to fines and sanctions under the Immigration Reform and Control Act (IRCA). 

Is E‑Verify the same as a background check?

No. E‑Verify is not a background check. It does not review criminal history, credit reports, or prior employment.

A background check is typically conducted by private screening companies under the Fair Credit Reporting Act (FCRA), while E‑Verify is a federal system focused solely on work authorization. Employers must handle each process separately and comply with different privacy and consent requirements.

Is E‑Verify free?

Yes. E‑Verify is a free government service provided through e‑verify.gov. Employers do not pay to enroll or submit cases.

However, companies may incur administrative costs for training staff, maintaining secure systems, and integrating E‑Verify with internal HR software. The DHS offers free webinars and user manuals to help employers understand their responsibilities.

Does E‑Verify check immigration status?

E‑Verify does not reveal a person’s full immigration status. It only verifies whether the individual is authorized to work in the United States.

The system cross‑checks data from DHS and SSA databases to confirm that the employee’s identity and work authorization are valid.

When a mismatch occurs, the system issues a Tentative Nonconfirmation. The employee then has the right to contest the result by contacting the relevant agency. If the issue remains unresolved, the case becomes a Final Nonconfirmation, and the employer must end employment.

E‑Verify simply confirms authorization to work; it does not determine immigration eligibility or petition status. Employment‑based categories such as the EB‑1 Visa follow a separate USCIS adjudication process for permanent residence.

What documents are needed for E‑Verify?

E‑Verify relies on the same documentation used for Form I‑9. Employees must present either:

• One document from List A (such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document), or
• One document from List B (identity) and one from List C (work authorization).

For certain documents, E‑Verify uses photo matching to compare the image on the document with the one stored in government databases. Employers must follow the official USCIS I‑9 guidance for acceptable documents.

Compliance and recordkeeping

Employers must retain each employee’s Form I‑9 for either three years after the date of hire or one year after termination, whichever is later. E‑Verify case records should be stored securely for audit purposes.

Employers must also:

• Notify employees promptly of any Tentative Nonconfirmation
• Avoid discrimination based on national origin or citizenship status
• Refrain from using E‑Verify before a job offer is accepted

Misuse of the system can lead to penalties under the Immigration and Nationality Act (INA). The Department of Justice’s Immigrant and Employee Rights Section (IER) enforces these protections.

Choosing the right support partner

Employment verification involves coordination across multiple agencies, strict documentation rules, and evolving compliance standards. Managing Form I‑9 records, E‑Verify enrollment, and multi‑state hiring requirements can be complex for growing teams.

Lighthouse helps employers and professionals stay compliant through eligibility diagnostics, document preparation, and case management technology that aligns with USCIS and DHS standards. Our platform supports audit readiness, integrates with onboarding workflows, and provides expert review to reduce the risk of mismatches or penalties.

Start your compliance evaluation today at Lighthouse.

Frequently asked questions

What’s the difference between Form I‑9 and E‑Verify?

Form I‑9 is required for all U.S. employers to verify a new hire’s identity and work authorization. E‑Verify is an online system operated by the U.S. Department of Homeland Security (DHS) that electronically confirms the information on Form I‑9 against official government records maintained by DHS and the Social Security Administration (SSA).

Does everyone have to use E‑Verify?

No. Only federal contractors and subcontractors with the E‑Verify clause and employers in states with mandatory E‑Verify laws must participate. Others may choose to enroll voluntarily to strengthen compliance and reduce risk under U.S. immigration law.

What does an employer see on E‑Verify?

Employers see only case results such as Employment Authorized, Tentative Nonconfirmation (TNC), or Final Nonconfirmation. They do not gain access to immigration history, criminal records, or personal background details. 

What would cause a red flag on a background check?

Background checks are entirely separate from E‑Verify. Red flags might include criminal convictions, false employment or education history, or credit issues, depending on the employer’s screening policy and Fair Credit Reporting Act (FCRA) obligations.

What documents do you need for E‑Verify?

You must present acceptable Form I‑9 documents, such as a U.S. passport, Permanent Resident Card (Green Card), or a combination of identity and work authorization documents. E‑Verify uses this information to confirm employment eligibility through government databases.

Who is exempt from using E‑Verify?

Employers who do not hold federal contracts and operate in states without E‑Verify mandates are generally exempt. However, all employers must still complete a valid Form I‑9 for every new hire to maintain compliance under the Immigration Reform and Control Act (IRCA).

Is employment verification part of a background check?

No. Employment verification only confirms that a worker is legally authorized to work in the U.S.. Background checks, on the other hand, are private screenings that may include credit, criminal, or reference history, governed by the Fair Credit Reporting Act (FCRA).