E-Verify - Employer DOs and DONTs

DO's

Don'ts

Use program for all new hires regardless of national origin or citizenship status

Use program selectively based on a  “suspicion” that new employee or current employee may not be authorized to work in the U.S., or based on national origin

Use program for new employees after they have completed the I-9 Form

Use program to pre-screen employment  applicants

Provide employee with notice of Tentative Nonconfirmation (TNC) promptly

Influence or coerce an employee not to contest a Tentative Nonconfirmation (TNC)

Provide employee who chooses to contest a Tentative Nonconfirmation (TNC) promptly with a referral notice to SSA or DHS

Terminate - or take other adverse action  against - an employee who is contesting a Tentative Nonconfirmation (TNC) unless and until receiving a Final Nonconfirmation

Allow an employee who is contesting a Tentative Nonconfirmation (TNC) tocontinue to work during that period

Ask an employee to obtain a printout or  other written verification from SSA or DHS when referring that employee to either agency

Post required notices of the employer’s participation in E-Verify and the antidiscrimination notice issued by OSC

Ask an employee to provide additional  documentation of his or her employment eligibility after obtaining a Tentative Nonconfirmation (TNC) for that employee

Secure the privacy of employees’ personal information and the password used for access to the program

Request specific documents in order to use E-Verify’s photo tool feature