E-Verify: What Employers Need to Know

A growing number of employers are participating in the federal E-Verify program to confirm the employment eligibility of newly hired employees, either because they are required to do so or because they choose to do so voluntarily. Here are answers to frequently asked questions about E-Verify.

Q: What is E-Verify?

A: E-Verify is an internet-based system operated by the federal government that enables employers to determine a new hire’s eligibility to work in the United States.

Q: Who is required to use E-Verify?

A: Federal contractors are required to use E-Verify to electronically verify the employment eligibility of employees working under covered federal contracts. Some states and local jurisdictions have similar requirements for public agencies and/or government contractors. Some states even require private employers to participate in E-Verify.

Q: Which states require private employers to participate in E-Verify?

A: Currently, the following states require at least some private employers to use E-Verify.

State	E-Verify requirements
Alabama	All private employers must use E-Verify.
Arizona	All private employers must use E-Verify.
Florida	For employees hired on or after July 1, 2023, private employers with 25 or more employees must use E-Verify. All state contractors and subcontractors must also use E-Verify.
Georgia	Private employers with 11 or more employees must use E-Verify. All state contractors and subcontractors must also use E-Verify.
Mississippi	All private employers must use E-Verify.
North Carolina	Private employers with 25 or more employees must use E-Verify. State agencies, counties and municipalities have separate E-Verify requirements.
South Carolina	All private employers must use E-Verify. Public employers and public contractors must also use E-Verify.
Tennessee	Private employers with 35 or more full-time equivalent employees must use E-Verify. Smaller employers may use E-Verify for newly hired employees or request and maintain documents specified in the state’s list of authorized identity and employment eligibility documents.
Utah	Private employers with more than 15 employees must use E-Verify. Public employers, contractors and subcontractors must also use E-Verify.

Q: Does E-Verify replace the Form I-9?

A: No. Employers that use E-Verify must still complete a Form I-9 for each new hire. E-Verify checks whether the information on a new hire’s Form I-9 matches government records in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases and whether the new hire is authorized to work in the United States.

Q: How long do I have to submit a new hire for verification via E-Verify?

A: Employers must submit a new hire for verification in E-Verify no later than the third business day after the employee starts work for pay.

Q: Can I submit the new hire to E-Verify before their first day?

A: Employers can only use E-Verify after the new hire has accepted the job offer and completed the Form I-9.

Q: What happens after I submit a new hire for verification via E-Verify?

A: In most cases, E-Verify responds with “Employment Authorized” within seconds. When this happens, the E-Verify process is complete. If the system is unable to confirm the employee's work authorization immediately, “E-Verify Needs More Time” or “Tentative Non-confirmation” (TNC) may appear, which occurs when the I-9 information entered fails to match government records. There are specific requirements and procedures to follow when a TNC result is returned.

Q: Are there any recordkeeping requirements for E-Verify?

A: Employers using E-Verify must either record the E-Verify case number on the employee’s Form I-9 or print the case details and keep it on file with the employee’s I-9.

Q: Are there any workplace poster requirements for E-Verify?

A: Employers that use E-Verify must post the Right to Work and E-Verify Participation notices. These posters are available for download from RUN Powered by ADP®.