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E-Verify Policy US
E-Verify Policy US
Company Name
Effective Date
Policy Owner
Approved By
E-Verify Company ID
1. Purpose & Legal Framework
(a)This policy establishes the Organization's procedures for using E-Verify, the federal electronic employment eligibility verification system, to confirm the identity and employment authorisation of all newly hired employees in the United States.
(b)The Organization shall comply with all E-Verify program requirements, including the timely completion of Form I-9, submission of E-Verify cases within 3 business days of the employee's start date, and adherence to anti-discrimination provisions.
(c)The HR department shall serve as the sole administrator of the Organization's E-Verify account. Only trained and authorised personnel shall create E-Verify cases or take action on case results.
2. Form I-9 & E-verify Procedures
(a)Every new hire shall complete Section 1 of Form I-9 on or before their first day of work. The employer shall complete Section 2 within 3 business days of the start date by physically examining the employee's original identity and work authorisation documents.
(b)An E-Verify case shall be created for each new hire no later than the third business day after the employee's start date. The case shall be submitted using the information from the employee's Form I-9.
(c)The Organization shall maintain copies of all Forms I-9, E-Verify case results, and supporting documentation for 3 years after the date of hire or 1 year after termination, whichever is later.
(d)The Organization shall conduct an internal I-9 audit at least annually to identify and correct any errors, omissions, or compliance gaps in the verification process.
3. Tentative Nonconfirmation & Resolution
(a)If E-Verify returns a Tentative Nonconfirmation (TNC), the Organization shall promptly notify the employee in private, provide the TNC Further Action Notice, and allow the employee to contest the finding within 8 federal government working days.
(b)If the employee contests the TNC, the Organization shall refer the case through E-Verify and allow the employee to continue working while the case is resolved. A Final Nonconfirmation triggers the termination process.
(c)If the employee chooses not to contest the TNC, the Organization shall close the E-Verify case and terminate the employee's employment in compliance with federal requirements. The employee shall be paid for all hours worked.
4. Anti-discrimination Safeguards
(a)The Organization shall not use E-Verify to pre-screen applicants, selectively verify employees based on national origin or citizenship status, or request specific documents from the Lists of Acceptable Documents.
(b)All employees involved in the Form I-9 and E-Verify process shall complete anti-discrimination training covering document abuse, unfair immigration-related employment practices, and the anti-discrimination provisions of the Immigration and Nationality Act.
(c)Employees who believe they have been subjected to discrimination in the E-Verify or Form I-9 process may file a complaint with the HR department, the Organization's ethics hotline, or the Department of Justice Immigrant and Employee Rights Section.
5. Federal Contractor Requirements & Policy Review
(a)Where the Organization holds federal contracts or subcontracts subject to the FAR E-Verify clause, additional requirements apply, including verification of existing employees assigned to covered contracts within 30 days of assignment.
(b)The Organization shall comply with all applicable state E-Verify mandates, which may require E-Verify use for specific employer categories, workforce sizes, or government contractor tiers beyond the federal requirements.
(c)This policy shall be reviewed at least annually by the policy owner in consultation with Legal Counsel and the Contracts department to ensure alignment with current DHS regulations, state mandates, and federal contract requirements.
The guide
Everything you need to know about the E-Verify policy US
What Is an E-Verify Policy?
An E-Verify policy explains how your US organization uses the federal E-Verify system to confirm that newly hired employees are authorized to work. E-Verify compares information from an employee's Form I-9 against records held by the Department of Homeland Security and the Social Security Administration. The policy documents when and how you run these checks and how you handle the results consistently and lawfully.
Why Companies Need an E-Verify Policy
Some employers are legally required to use E-Verify, such as certain federal contractors and businesses in states that mandate it, while others enroll voluntarily. A written policy ensures checks are run for every new hire in a uniform way, avoiding the discrimination risk of selective verification. It also documents your compliance process, helping you respond confidently to audits and protecting the company from penalties.
What an E-Verify Policy Should Include
State whether your use is mandatory or voluntary and which locations are covered. Explain that E-Verify is run only after Form I-9 is complete and within the required timeframe after the start date, and never used to pre-screen applicants. Describe how tentative nonconfirmations are handled, including notifying the employee and their right to contest. Include anti-discrimination commitments and record retention practices tied to I-9 rules.
No. It is required for certain federal contractors and in states that mandate it, while many other employers use it voluntarily. Check your state law and any federal contract terms to determine your obligation, and reflect that clearly in your policy.
No. E-Verify may only be used for employees after they accept an offer and complete Form I-9, not to pre-screen applicants. Using it earlier or selectively can lead to discrimination findings and violates the program's rules.
A tentative nonconfirmation does not mean the employee is unauthorized. You must notify them privately, give them the chance to contest it, and cannot take adverse action while they work to resolve it within the allowed timeframe. Document each step of the process.
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