E-Verify: What Employees Should Know About Employment Verification

E-Verify: What Employees Should Know About Employment Verification

If you have started a new job, you may have heard the term "E-Verify" and wondered what it means for you. E-Verify is an electronic system some employers use to confirm that a new hire is authorized to work in the United States. Understanding how it works, and what your rights are if a problem comes up, can save you a great deal of stress.

The most important thing to know is that a preliminary mismatch is not the end of the road, and it is not the same as a final decision. Acting promptly and understanding the process is what matters.

What E-Verify Is

E-Verify is a web-based system operated by the federal government that compares the information from an employee's Form I-9 against records maintained by the government to confirm work authorization. When an employer uses E-Verify, they typically create a case shortly after a new employee begins work. The system then returns a result, most commonly confirming that the employee is authorized to work.

E-Verify vs. Form I-9: The Key Difference

Every employer in the United States is required to complete a Form I-9 for each new hire, verifying identity and work authorization using documents the employee presents. E-Verify is different: it is an additional electronic check on top of the I-9, and not all employers use it. Some employers are required to use E-Verify, others choose to, and many do not use it at all. In other words, all employers do I-9; only some also run E-Verify. Knowing which process your employer uses helps you understand what to expect.

What a Tentative Nonconfirmation (TNC) Means

Sometimes E-Verify returns a result called a "tentative nonconfirmation," or TNC. A TNC means the information entered did not immediately match government records, not that you are unauthorized to work. This can happen for ordinary reasons, such as a recent name change, a data-entry error, or records that have not been updated. If you receive a TNC, you generally have the right to be notified, to decide whether to contest it, and to be given information about how to resolve it, often by contacting the relevant agency within a set timeframe. An employer generally cannot fire you simply because of a TNC while you are taking timely steps to resolve it.

Why You Should Not Panic, But Should Act Promptly

A TNC is a solvable problem for many people, but the timeframes to respond are limited, so prompt action matters. If you believe you are authorized to work, you generally should choose to contest the TNC and follow the instructions to resolve the mismatch quickly. Ignoring the notice, on the other hand, can turn a fixable data issue into a final nonconfirmation. If your situation is complicated or you are unsure of your status, this is a good moment to get advice.

How Vasquez Law Firm Can Help

If you have received a tentative nonconfirmation, are unsure about your work authorization, or have questions about how an employment verification issue interacts with your immigration status, Vasquez Law Firm can help you understand your options and next steps. Call us at 1-844-967-3536 for a free evaluation of your situation.