What Is E-Verify? How It Works, Case Results and Mismatches

E-Verify is a free online system that compares information from a new employee’s Form I-9 with Department of Homeland Security (DHS) and Social Security Administration (SSA) records to confirm the employee is eligible to work in the United States. U.S. Citizenship and Immigration Services (USCIS) runs it. Employers create an E-Verify case after a person is hired, never before.

This guide covers how a case works, what each result means, how to handle a mismatch and how E-Verify differs from Form I-9 and background checks. For help completing the form itself, see GoodHire’s Form I-9 guide. E-Verify is a federal program; GoodHire does not operate it.

What Does E-Verify Check, and What Doesn’t It Check?

E-Verify answers one question: does the information on this employee’s Form I-9 match records available to DHS and SSA that confirm the person may work in the United States? According to E-Verify, results can appear in as little as three to five seconds, and most cases receive a result of Employment Authorized.

For some documents, E-Verify adds a photo check. Photo matching is triggered when the employee presents a U.S. passport, U.S. passport card, Permanent Resident Card (Form I-551) or Employment Authorization Document (Form I-766). The employer compares the photo E-Verify displays with the photo on the document, not with the employee’s face.

E-Verify does not check:

• Criminal history or court records
• Past employers, job titles or dates of employment
• Degrees, diplomas or professional licenses
• Driving records, credit history or drug test results

Those questions are answered by background screening, such as a criminal background check, employment verification or education verification.

E-Verify vs. Form I-9 vs. a Background Check

The three steps answer different questions and follow different rules.

	Form I-9	E-Verify	Background check
Question it answers	Has the employee shown acceptable documents of identity and work authorization?	Does the Form I-9 information match DHS and SSA records?	What do records show about the candidate’s history, such as criminal records or past employment?
Who must use it	All U.S. employers, for each new hire	Voluntary for most employers; required for some	Generally the employer’s choice; some roles and industries have legal screening requirements
When	Section 1 by the first day of work; Section 2 within three business days	After hire and after Form I-9 is complete, by the third business day after work for pay begins	Often after a conditional offer; state and local laws may limit timing
Social Security number	Optional for the employee to provide	Required	Depends on the searches ordered
Governing rules	Immigration and Nationality Act and USCIS guidance	E-Verify Memorandum of Understanding (MOU) and User Manual	Fair Credit Reporting Act (FCRA) and state law when using a background check company
If there is a problem	Correct errors on the form; reverify expiring work authorization on Supplement B	Mismatch process with DHS or SSA	FCRA adverse action notices

E-Verify builds on Form I-9 rather than replacing it. E-Verify employers still complete and retain Form I-9, and E-Verify’s own comparison notes two extra requirements: the employee must provide a Social Security number, and any List B identity document must contain a photo.

Background checks follow a separate process. The FTC explains that before getting a report from a background check company, an employer must give a stand-alone written notice and get the person’s written permission. Neither process replaces the other.

Who Is Required to Use E-Verify?

The E-Verify User Manual describes E-Verify as a voluntary program, with these main exceptions:

• Federal contractors. Contracts and subcontracts that include FAR clause 52.222-54 require enrollment and use. Contractors follow separate timelines, such as enrolling within 30 calendar days of contract award, and must also verify existing employees assigned to the contract.
• State law. Some states require E-Verify for some or all employers, often through public contracting or business licensing laws. As of September 2024, E-Verify listed 21 states with such laws. Scope varies by state and changes often. E-Verify does not advise on state law, so confirm current requirements with state officials or counsel.
• STEM OPT employers. Employers of F-1 students on the 24-month STEM OPT extension must be enrolled in E-Verify and remain participants in good standing.
• Court orders. A court may order an employer to participate.

Employers also enroll voluntarily. Under the E-Verify MOU, when an employer confirms a new hire’s identity and employment eligibility using E-Verify procedures, it establishes a rebuttable presumption that it did not knowingly hire an unauthorized worker with respect to that hire. That presumption can be overcome with other evidence, and it applies to confirmed cases, not to enrollment alone.

How Does an E-Verify Case Work?

1. Complete Form I-9. The employee completes Section 1 by the first day of employment, and the employer completes Section 2 within three business days. E-Verify employers must collect the employee’s Social Security number.
2. Create the case. Enter the Form I-9 information in E-Verify no later than the third business day after the employee starts work for pay. If you create it late, E-Verify asks for a reason, such as awaiting a Social Security number. If you discover a missed case, create it right away.
3. Complete photo matching if prompted. Compare the photos and make a copy of the employee’s document to keep with Form I-9.
4. Read the case result and follow the next step for that result (see the table below).
5. Close the case and record it. E-Verify closes Employment Authorized cases automatically. Close all other cases yourself, then record the E-Verify case number on Form I-9 or attach the case details page.

Example: An employee starts work for pay on a Monday at a business open Monday through Friday. Form I-9 Section 2 and the E-Verify case are both due by Thursday. You may not create the case before the person has accepted a job offer and completed Form I-9.

What Does Each E-Verify Case Result Mean?

The E-Verify User Manual describes these case results. In every case except a Final Nonconfirmation, the employer may not take adverse action because of the result.

Case result	What it means	What the employer does
Employment Authorized	The information matched records confirming employment eligibility.	Nothing further. E-Verify closes the case; record the case number.
E-Verify Needs More Time	DHS needs more time to check records. Most responses come within 24 hours; some take up to 3 federal government working days.	Check E-Verify for an updated result. No employee action is needed.
Tentative Nonconfirmation (mismatch)	The information did not match DHS records, SSA records or both.	Notify the employee privately and follow the mismatch steps below.
Case in Continuance	The employee has contacted DHS or visited SSA, and the agency needs more time.	Check E-Verify periodically. Contact E-Verify if the case stays open more than 60 federal government working days.
Close Case and Resubmit	DHS or SSA could not process the case. A similar error appears if a document expiration date was entered incorrectly.	Close the case and create a new one with correct information.
Final Nonconfirmation	E-Verify could not confirm eligibility after the mismatch process, or the employee chose not to take action or did not respond in time.	Close the case and indicate whether you will continue to employ the person. The User Manual says the employer may terminate employment based on this result with no civil or criminal liability, citing the MOU.

How Do You Handle an E-Verify Mismatch?

E-Verify now uses “mismatch” as its plain-language term. In May 2022 it replaced “TNC” with “mismatch” and “contest” with “take action to resolve.” A mismatch can result from an unreported name change, a data entry error or an outdated government record. It does not mean the employee is unauthorized to work.

Follow E-Verify’s mismatch steps:

1. Notify the employee privately as soon as possible, and within 10 federal government working days after E-Verify issues the mismatch. Review the Further Action Notice together and confirm the information at the top is correct. If you entered something incorrectly, close the case and create a new one.
2. Get the employee’s decision. The employee decides whether to take action to resolve the mismatch and signs the notice. Provide a translated notice if the employee has limited English proficiency.
3. Refer the case in E-Verify if the employee will take action, and give the employee the Referral Date Confirmation. Attach a copy to Form I-9.
4. Allow time to resolve it. After referral, the employee has eight federal government working days to call DHS or visit an SSA field office. Federal government working days are Monday through Friday, excluding federal holidays.
5. Check for updates and keep the employee working. Do not terminate, suspend, delay training, withhold or lower pay or take any other adverse action while the case is pending.

If the employee chooses not to take action, or does not give a decision by the end of the 10th federal government working day, close the case. E-Verify says the case can then be treated as a Final Nonconfirmation, and that the employer may terminate employment with no civil or criminal liability under the MOU.

What Rules Protect Employees in E-Verify?

E-Verify’s rules and responsibilities and the Department of Justice’s Immigrant and Employee Rights Section set clear limits. Employers must not:

• Use E-Verify to pre-screen job applicants
• Verify selectively or treat employees differently because of national origin, citizenship or immigration status
• Specify which Form I-9 documents an employee must present, other than requiring that a List B document has a photo
• Create cases for employees hired before the company enrolled, except in limited cases such as federal contractors
• Take adverse action because of a mismatch unless E-Verify issues a Final Nonconfirmation
• Ask applicants or employees to use myE-Verify Self Check to prove their eligibility

Participating employers must also display the Notice of E-Verify Participation and the Right to Work poster in English and Spanish, including for remote employees.

What Happens After a Case Is Closed?

An Employment Authorized result does not end every obligation. E-Verify cannot be used to reverify expired employment authorization; that happens on Form I-9 Supplement B.

E-Verify also publishes a Status Change Report inside the employer’s account. It identifies E-Verify cases created with certain Employment Authorization Documents that DHS later invalidated. According to E-Verify’s current guidance, employers should generate the report regularly and reverify listed employees on Supplement B without creating a new E-Verify case. Employees choose which acceptable documents to present.

Under E-Verify’s rehire rules, if you rehire someone within three years of their previous Form I-9 and their earlier case was Employment Authorized, you may complete Supplement B instead of creating a new case.

How Do You Enroll in E-Verify?

Enrollment is free and completed online. Use this checklist:

1. Confirm whether a federal contract, state law or STEM OPT hire requires you to enroll, and which hiring sites are covered.
2. Complete the enrollment process, including your employer category, hiring sites, a program administrator and a signatory who signs the E-Verify Terms and Conditions of the MOU.
3. Have each user complete the E-Verify tutorial before creating cases.
4. Post the required notices and train hiring staff on the three-day deadline and mismatch steps.
5. Add E-Verify case creation and closure to your onboarding checklist, after Form I-9 and separate from background check steps.

Under the MOU, DHS and SSA may review Forms I-9 and interview the employer and employees about E-Verify use, and E-Verify monitors account activity for misuse.

Some employers create cases through third-party software or an E-Verify employer agent. For example, GoodHire’s parent company, Checkr, offers Form I-9 verification with an E-Verify integration as a product separate from background checks.

Common E-Verify Mistakes to Avoid

• Creating a case for a candidate before a job offer is accepted and Form I-9 is complete
• Missing the third-business-day deadline without recording a reason
• Delaying a start date or pausing pay while a mismatch is pending
• Telling an employee about a mismatch in front of coworkers instead of privately
• Leaving cases open instead of closing them
• Treating Employment Authorized as a background check, or a background check as proof of work authorization

Frequently Asked Questions

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