E-Verify for Small Businesses: Tips and Tools for Verifying Employment Eligibility

September 9, 2025

E-Verify for Small Businesses: Tips and Tools for Verifying Employment Eligibility

E-Verify is a free, online system that lets employers electronically verify the employment eligibility of new hires and ensure compliance with federal immigration laws. It works alongside Form I-9, Employment Eligibility Verification, to confirm a person’s identity and employment authorization. By comparing information from Form I-9 with records from the Social Security Administration (SSA) and the Department of Homeland Security (DHS), E-Verify helps ensure a legal workforce, protects American jobs, and prevents identity theft and fraud in hiring.

Although participation in E-Verify is voluntary, some states require certain industries or all employers to use it. Check if your state mandates E-Verify by visiting the National Conference of State Legislatures website or contacting your state’s labor department.

How Form I-9 and E-Verify Work in Practice

Newly hired employees must complete Form I-9 no later than the first day of work for pay and present employers with acceptable documents that prove their identity and employment authorization. The list of acceptable documents can be found on page 2 of Form I-9. Employees can choose whether to provide:

one document from List A, or
one document from List B and one document from List C

Once the employer reviews the documents, the employer creates an E-Verify case using the I-9 information no later than the third business day after the employee starts work for pay. E-Verify checks the data against SSA and DHS records and returns a case result within seconds.

Possible E-Verify Case Results:

Employment Authorized: the employee’s information matches government records and the case closes automatically.
E-Verify Needs More Time or Case in Continuance: more time is needed to determine a final result and the case is not yet closed.
Tentative Nonconfirmation (TNC): there is a mismatch between the employee information entered into E-Verify and SSA and/or DHS records. The employer must notify the employee so they can decide whether to take action to resolve the mismatch.
Final Nonconfirmation: E-Verify cannot confirm the employee’s employment eligibility. The time for resolving the case has expired, and the employer may terminate the employee if the employee does not take any further action to resolve the mismatch.

If a TNC (mismatch) is issued, the employer must provide the employee with a Further Action Notice and guidance on resolving the mismatch. The employer and employee must take action within ten federal business days. If the employee chooses to resolve the mismatch, they will visit an SSA office or call DHS within eight days. After review, the employer receives an updated result. If the information remains incorrect, the employer should close the case and resubmit with the correct details.

Employers may not take adverse actions, such as termination or suspension, until a Final Nonconfirmation is issued. If the employee does not pursue resolution, the employer can terminate employment without liability, and the case should be closed in E-Verify.

After a Final Nonconfirmation result, the employee or employer can request further review by calling E-Verify at 1-888-464-4218. Once the review process is complete, E-Verify provides a final result, either confirming employment authorization or indicating a Final Nonconfirmation case result.

On certain occasions, a photo match may be required. Photo match allows employers to match the photo on a document to the photo DHS has on file for an employee. Photo match is automatically activated for certain document types: Permanent Resident Card (I-551), Employment Authorization Document (Form I-766), or a U.S. passport or passport card.

Employers must keep their employees completed Form I-9 for three years after the date of hire or one year after employment ends, whichever date is later. For current employees, employers must keep a copy of their Form I-9 for as long as they are employed. An employer may choose to make copies of documents employees present for Section 2 – List A, B, and C documents. If you choose to photocopy documents, you must do so for all employees.

Steps to Get Started with E-Verify

Confirm your E-Verify enrollment status online using the employer search tool and review the enrollment checklist before getting started.
Enroll in E-Verify by visiting the official enrollment website and clicking ‘Enroll Now.’
Set up a temporary enrollment point of contact account, enter your business information, choose an account access method, and agree to the terms of use – save the Memorandum of Understanding for your records.
Designate a Program Administrator (at least one is required) to oversee E-Verify compliance and consider adding General Users. Program Administrators and General Users are responsible for following all E-Verify program rules and staying informed about changes to E-Verify policies and procedures.
Ensure the team or individual responsible for verifying employee work authorization is trained on both Form I-9 and E-Verify procedures.
Display E-Verify Participant Poster and Right to Work poster in your workplace.