E-Verify Explained: How employers use it and what workers can do if errors occur

What E-Verify is and when enrolled employers use it

How E-Verify relates to Form I-9

E-Verify explained, in simple terms, is a federal, web-based system administered by U.S. Citizenship and Immigration Services and the Department of Homeland Security that lets enrolled employers confirm an employee’s work authorization in addition to completing Form I-9, not as a replacement for it, according to the USCIS E-Verify overview USCIS E-Verify page.

The agency states that E-Verify is used after an employer completes Form I-9, and that the I-9 remains the primary document for establishing identity and employment authorization; the system runs the data against government records to verify authorization USCIS E-Verify page.

Who enrolls and common use cases

Employers enroll in E-Verify either voluntarily or because of federal contract terms or state law that requires enrollment, and typical users include federal contractors, some state-mandated employers, and private employers who choose to participate, as described on the E-Verify employer responsibilities page E-Verify employer responsibilities.

Enrollment requires following the program’s procedures for authorized users and recordkeeping, and employers should not treat E-Verify as a substitute for completing Form I-9 correctly, according to official guidance E-Verify employer responsibilities.

Step-by-step: how E-Verify verification cases proceed

Starting a case in E-Verify

After an employer completes Form I-9 for a new hire, the authorized user starts a verification case in E-Verify by entering selected data from the I-9 into the E-Verify portal, which queries federal records to confirm work authorization, according to USCIS materials USCIS E-Verify page.

Data used to start a case typically includes the employee’s name, date of birth, and Social Security number when the employee provided it on Form I-9, and the agency guidance notes that accuracy in data entry matters for matching records USCIS E-Verify page.

Once a case is submitted, the system returns a case status such as employment authorized, tentative nonconfirmation, or final nonconfirmation, and employers must complete actions within program timeframes described in official guidance E-Verify employer responsibilities.

When a Tentative Nonconfirmation occurs, the employer must follow a specific sequence of steps, including notifying the employee and providing a referral notice that explains how to contest the result within a limited federal working-day window, as explained in the E-Verify TNC guidance Tentative Nonconfirmation guidance. For additional processing details see How to process a TNC.

What employers must do when a case completes

If a case closes as employment authorized, the employer records the result and keeps required documentation; if the case results in a TNC or final nonconfirmation, the employer follows the program steps for notification and recordkeeping as set out by the agency E-Verify employer responsibilities.

The system and guidance require employers to finish cases within specified timelines and to maintain case records in accordance with program rules, which helps preserve both worker rights and employer compliance E-Verify employer responsibilities.

Employer responsibilities and prohibited actions in E-Verify use

Enrollment, training, and case management duties

Employers must follow E-Verify enrollment steps, assign authorized users, and ensure those users are trained to enter case information and complete cases within required timeframes, as the E-Verify employer guidance explains E-Verify employer responsibilities.

Recordkeeping and timely case completion are part of an employer’s duties, and authorized users should use the official resources and training materials the program provides to reduce data-entry errors and protect employee rights E-Verify employer responsibilities.

Prohibited actions and anti-discrimination rules

Employers are prohibited from taking adverse employment actions, including refusing to hire or firing, on the basis of a TNC while the employee is contesting the result, and the E-Verify guidance makes this restriction explicit to protect workers during the contest period E-Verify employer responsibilities.

The Department of Justice’s Office of Special Counsel enforces anti-discrimination protections for improper I-9 and E-Verify practices and can investigate cases where employers are alleged to have discriminated or retaliated during verification processes Office of Special Counsel information.

Tentative Nonconfirmation (TNC): what it means for a worker

What a TNC notification is and how employees are informed

A Tentative Nonconfirmation, or TNC, means the information provided by the employer did not match government records, and when that happens the employer must give the employee a TNC referral notice with specific instructions on how to contest the result, as described in official E-Verify TNC guidance Tentative Nonconfirmation guidance.

The referral notice explains the mismatch and sets out the next steps the employee should follow, including where to go and what documents to bring to resolve the record discrepancy with SSA or DHS, according to the agency materials Tentative Nonconfirmation guidance.

The employee action window and options to contest

Employees have a limited, specified federal working-day window to contact the Social Security Administration or Department of Homeland Security and to contest a TNC, and while the employee is contesting the result, the employer may not take adverse employment action on the basis of the TNC, as the guidance states Tentative Nonconfirmation guidance. See DHS and SSA mismatch guidance DHS and SSA mismatches.

If the employee follows the referral instructions and SSA or DHS updates the records, the employer can then close the case as resolved; the guidance describes the steps and timeframes for that correction process Tentative Nonconfirmation guidance.

If you get a TNC: practical, step-by-step actions workers should take

Immediate checklist: documents and first contacts

Keep dated notes of your calls and visits, and make copies of any documents you present when contesting the TNC, since documentation of your efforts is important if there is a later dispute, according to E-Verify and OSC guidance Office of Special Counsel information.

How to follow referral instructions with SSA or DHS

Follow the referral notice directions to contact SSA or DHS as instructed, and present the documents specified on the notice so the agency can verify or correct the records that caused the mismatch, per the official steps in the E-Verify TNC guidance Tentative Nonconfirmation guidance.

If the records are corrected by SSA or DHS, inform your employer so they can recheck the case and close it as employment authorized, following the program’s case management rules E-Verify employer responsibilities.

When and how to follow up with your employer

Notify your employer if you have contacted SSA or DHS within the contesting window and keep them updated about any corrections, because employers are not allowed to take adverse action while you are contesting and documentation helps show the timeline of your efforts Tentative Nonconfirmation guidance.

If an employer takes adverse action while you are contesting, you may consider contacting the Office of Special Counsel to discuss whether a complaint is appropriate, as OSC enforces protections against discrimination and retaliation in these situations Office of Special Counsel information.

Common errors, data mismatches, and troubleshooting tips

Frequent causes: typos, naming differences, and expired documents

Common causes of mismatches include simple data-entry errors, differences in name formatting across records, and expired or inconsistent documentation, and the E-Verify guidance cautions that careful data entry can reduce these false mismatches Tentative Nonconfirmation guidance.

Because many mismatches are clerical or timing-related, the guidance advises both employers and workers to check for obvious entry errors and to confirm that the documents used are current and match the information on file with government agencies USCIS E-Verify page.

Practical troubleshooting for employers and workers

Employers should double-check data entered into E-Verify against the completed Form I-9 and correct any employer-side errors according to program rules, while workers should verify their own records and be ready to provide correct documentation to SSA or DHS as instructed on the referral notice E-Verify employer responsibilities.

Workers are advised to follow the referral notice and avoid speculating about the cause of a TNC; the official guidance outlines the procedural route to correct the underlying records instead of informal fixes Tentative Nonconfirmation guidance.

Remedies and protections: filing complaints and getting enforcement help

When to contact the DOJ Office of Special Counsel (OSC)

If an employer violates anti-discrimination rules, including taking adverse action during an active contest of a TNC, workers can contact the Department of Justice’s Office of Special Counsel to report the alleged improper conduct and request an investigation, according to OSC materials Office of Special Counsel information.

Documenting the timeline of the TNC, the referral notice, and any communications with the employer and SSA or DHS helps OSC evaluate a complaint and determine what remedies may be appropriate under the statutes it enforces Office of Special Counsel information.

What remedies OSC can provide and next steps

OSC can investigate discrimination based on national origin or citizenship status in I-9 and E-Verify use and may seek remedies such as corrective actions, back pay, or other relief if it finds a violation, subject to the agency’s procedures and authority Office of Special Counsel information.

Because outcomes depend on the facts and OSC’s process, workers should consider OSC as an enforcement option when employer conduct appears to violate program rules, and they may seek additional legal advice if needed to understand all available remedies Office of Special Counsel information.

Accuracy, oversight, and policy debates around E-Verify

GAO and CRS findings on accuracy and oversight

Independent government reviews have identified weaknesses in oversight, accuracy measurement, and error-tracking and have recommended that the Department of Homeland Security strengthen program evaluation and public reporting on E-Verify accuracy, as summarized in the Government Accountability Office report GAO report on E-Verify oversight.

The Congressional Research Service has outlined background and policy issues, noting open questions about measured accuracy across different populations and the implications of program expansion, which shape ongoing policy debates without predicting specific changes CRS background and policy issues.

Policy discussions include how to improve error-tracking, whether to expand mandatory use, and how to ensure accurate performance across diverse populations, and the government reviews to date have focused attention on stronger DHS oversight and clearer accuracy reporting GAO report on E-Verify oversight.

These debates influence legislative and administrative considerations, and readers should check official reports for the latest analyses as policymakers weigh possible program changes CRS background and policy issues.

Practical scenarios: example walk-throughs of common cases

A clean new-hire verification

Scenario: a new hire provides documents that match government records and the case closes as employment authorized; the employer records the outcome and retains the case file as required, following the E-Verify procedures USCIS E-Verify page. See related news.

This scenario shows the routine path when records align and emphasizes accurate I-9 completion and careful data entry to prevent avoidable delays USCIS E-Verify page.

Name or SSN mismatch case and resolution

Scenario: a name or Social Security number mismatch returns a TNC; the employer provides the referral notice, the employee contacts SSA as instructed, and SSA corrects the record, allowing the employer to close the case as resolved Tentative Nonconfirmation guidance.

This scenario highlights the importance of following the referral instructions promptly and keeping dated evidence of contacts and outcomes for both employer and employee records Tentative Nonconfirmation guidance.

Employer data-entry error and correction

Scenario: an employer mistypes a digit when entering a Social Security number, the case returns a TNC, and the employer corrects the entry and rechecks the case per program rules, showing how simple clerical errors can be fixed when users follow the official procedures E-Verify employer responsibilities.

Keeping accurate records and training authorized users on correct data entry reduces the chance of these preventable errors and helps speed resolution when they occur E-Verify employer responsibilities.

Checklist and official resources: who to contact and what to save

A worker’s quick checklist after a TNC

Immediate steps: retain the referral notice, follow its instructions to contact SSA or DHS within the federal contesting window, gather identity and work-authorization documents listed on the notice, and keep dated records of all contacts, as the official guidance advises Tentative Nonconfirmation guidance.

If employer conduct appears to violate anti-discrimination rules during the contesting period, document the actions and consider contacting the Office of Special Counsel as a potential enforcement route, according to OSC guidance Office of Special Counsel information.

Authoritative resources and contact points

For the most current details on enrollment, responsibilities, and TNC procedures consult the official E-Verify and USCIS pages for program instructions, and consult the Department of Justice OSC page for information about filing discrimination complaints USCIS E-Verify page. Also see the Michael Carbonara homepage.

These official sites provide the forms, contact information, and step-by-step instructions workers and employers should use rather than unofficial advice, and they are the primary sources for contesting TNCs and for understanding employer duties E-Verify employer responsibilities. Learn more on the About page.