E-Verify is an employment eligibility verification system which compares employee information from a Form I-9, Employment Eligibility Verification, to data from the U.S. Department of Homeland Security and Social Security Administration.
Before you can submit verification requests, you must enroll with E-Verify. Click here to visit our employer enrollment page.
When the employee completes their I-9, you may scan the form to a digital file and e-mail it to . You may also fax it to 585-381-8889.
We'll make every effort to return a verification status by fax, or e-mail if desired, within the same business day. If you send us the form late in the day, we may not return a result until the next business day. If you don't hear from us within one business day of submitting an I-9, please contact us to confirm receipt.
Most List B documents (driver's license, government identification card, etc.) must include a photograph! In Section 2 of the I-9 form, you MUST record a description of the identification documents presented by the new hire. The information required includes the document's: title, issuing authority, document number, and expiration date (if any). For a driver's license or state identification card, you must include the state of issue and the expiration date.
If an employee presents either a Permanent Resident Card, Employment Authorization Document, or Unexpired U.S. Passport for his or her identification documents, we are required to match the photo on the document to the photo in DHS records. In addition, copies of these documents must be made and retained. You should scan or digitally photograph the document and send the image to us for matching. Only if no other method is available should you fax the document to us.
Please review your Memorandum of Understanding for other restrictions and procedures.
We will send by fax, or e-mail if desired, an "Employment Authorized" notice that will bear a Verification Number. You should write this number on the employee's I-9 form and file according to your normal procedures. Verification is then complete!
Occasionally, a new hire is not immediately verified. When we receive a Tentative Non-Confirmation, or TNC, we will notify you by e-mail. Occasionally, the non-confirmation is the result of a typographical error or a misread of the I-9 data. You should immediately review the employee information at the top of the notice and tell us if you find an errors by replying to the TNC e-mail with the correct information.
If you don't find any errors, you must review the Further Action Notice, or FAN, with the new employee personally and privately. The FAN will be attached to the e-mail we send you. The employee must indicate whether or not they wish to contest the FAN by signing the form. You, the employer, must sign as well. Be sure to give the employee a copy of the FAN and file the original with the employee's I-9.
You must promptly notify us of the new hire's decision, which you can do by replying to the "TNC" e-mail.
• If the employee elects to contest the FAN: we will then send you a "Referral Date Confirmation" which you must provide to the employee. The employee has until the date on the Referral Date Confirmation to contact the Social Security Administration or Department of Homeland Security. During this time, you may not terminate the employee or take adverse action against him/her based upon his/her employment eligibility status or because he/she has chosen to contest the TNC. See the "After Referral" section below for more information.
• If the employee elects NOT to contest the FAN: we will send a "Final Non-Confirmation." A decision to NOT contest means that the Tentative Non-Confirmation automatically becomes a Final Non-Confirmation. Under this circumstance, you may terminate the employee immediately without any civil or criminal liability. In fact, a legal presumption is created that you are in violation of the law if you continue to employ this individual after a Final Non-Confirmation is received.
Be sure to retain a copy of all notices and forms! They should be filed with the employee's I-9.
Although the employee is not required to return with any documentation (and you are not permitted to ask for it, you may retain a copy of any response that the employee brings you from the Social Security Administration or Department of Homeland Security. You do not need to report anything to us, even if the employee brings you proof of his or her eligibility. The Social Security Administration and/or Department of Homeland Security have at least two business days to update the employee's record in E-Verify. We will be notified of the update and will then send you a final determination.
You should contact us immediately if the employee quits or is terminated for reasons unrelated to employment eligibility status while the verification process is ongoing. If, after choosing to contest the TNC, the employee does not return to work, please notify us so that we can submit the employee for a Final Non-Confirmation. In any event, we will return a final status in 10 business days or less.
Time is of the essence! Any time that a new hire's status changes while a verification is pending, you should notify us immediately so that we can meet deadlines on your behalf.