Understanding E-Verify: What Employers Check and How It Affects You
Your employer uses E-Verify to check work authorization. Here's what they verify, what happens if there's a mismatch, and your rights.
Quick Answer
E-Verify is electronic system employers use to verify work authorization by comparing your I-9 information against DHS and SSA databases. Most employers aren't required to use it but many do voluntarily. If there's mismatch (tentative non-confirmation), you have 8 business days to resolve it with SSA or DHS. Don't be fired during this period - it's illegal. Mismatches often result from name discrepancies, data entry errors, or status not yet updated in system.
Key Takeaways
E-Verify compares I-9 info against government databases
Most employers voluntary, some required (federal contractors, certain states)
Mismatch triggers "Tentative Non-Confirmation" (TNC)
You have 8 business days to contest TNC
Employer cannot fire you while contesting TNC
Common causes: name mismatch, SSN issues, status not updated
Key Takeaways
E-Verify compares I-9 info against government databases
Most employers voluntary, some required (federal contractors, certain states)
Mismatch triggers "Tentative Non-Confirmation" (TNC)
You have 8 business days to contest TNC
Employer cannot fire you while contesting TNC
Common causes: name mismatch, SSN issues, status not updated
Table of Content
What Is E-Verify
E-Verify is web-based system comparing information from employee's Form I-9 against DHS (Department of Homeland Security) and SSA (Social Security Administration) records. Employers submit your name, SSN, date of birth, citizenship status, and document information. System returns match or mismatch result.
Process flow:
You complete Form I-9 with employer
Employer enters I-9 data into E-Verify within 3 days of hire
E-Verify checks against government databases
Result: Employment Authorized OR Tentative Non-Confirmation
Most results are instant "Employment Authorized." About 2-3% result in initial mismatch requiring resolution.
Who Uses E-Verify
Required to use:
Federal contractors and subcontractors
Employers in certain states (Arizona, Mississippi, Alabama, others)
Some industries (certain federal programs)
Employers who previously violated immigration law
Voluntary users:
Many large companies use voluntarily
Tech companies commonly use it
Companies wanting to verify workforce compliance
Check if employer uses E-Verify by looking for E-Verify participation poster at workplace or asking HR.
Tentative Non-Confirmation (TNC)
TNC means system didn't confirm work authorization. This doesn't mean you're unauthorized - often it's database error or timing issue.
Common TNC causes:
Name on I-9 doesn't match SSA records exactly
Recent name change not updated in SSA
New visa/status not yet in DHS system
Data entry error by employer
SSN typo
Citizenship status selection error
Employer must give you written TNC notice explaining how to resolve.
Your Rights During TNC
Your Right | Details |
|---|---|
Continue working | Cannot be fired during contest period |
8 business days | Time to contact SSA/DHS to resolve |
Choose to contest | Can contest or not (but not contesting = termination) |
No retaliation | Employer cannot retaliate for contesting |
New case | If same employer uses E-Verify again, fresh start |
If you choose to contest, employer gives you referral letter explaining where to go (SSA for SSA-related issues, DHS for immigration status issues).
Resolving TNC
SSA-related TNC (name/SSN issues):
Visit local Social Security office
Bring I-9 documents and passport
Explain mismatch and correct records
SSA updates database
Employer re-runs E-Verify
DHS-related TNC (immigration status issues):
Contact DHS through E-Verify
Provide immigration documents
DHS reviews and updates
Employer re-runs E-Verify
Resolution typically takes 1-2 weeks if you act quickly.
Final Non-Confirmation (FNC)
If you don't contest TNC or contest is unsuccessful, system issues Final Non-Confirmation. Employer must terminate employment. FNC doesn't necessarily mean you're unauthorized - system errors happen. But without resolution, employer cannot continue employing you.
After FNC:
Employer terminates employment
You can still work for different employer (if you are authorized)
Address underlying issue before next employment
Consider consulting immigration attorney
E-Verify and Status Timing
E-Verify checks current status in DHS databases. If you just received new H-1B approval or status change, it may not be in system yet.
Timing issues:
New visa approved but E-Verify run before database updated
Name change processed but not yet in SSA
Status extension approved but not reflected yet
Solution: Ask employer to delay E-Verify submission by few days if you just received approval. Or contest TNC and provide documentation showing current valid status.
Protecting Yourself
Before starting new job, ensure SSN card name matches passport and visa documents exactly. Update SSA if you changed name. Confirm I-9 information is entered correctly. Provide clear copies of documents. Note any recent status changes that may not be in system.
Keep copies of all immigration documents readily available to resolve any TNC quickly.
What Is E-Verify
E-Verify is web-based system comparing information from employee's Form I-9 against DHS (Department of Homeland Security) and SSA (Social Security Administration) records. Employers submit your name, SSN, date of birth, citizenship status, and document information. System returns match or mismatch result.
Process flow:
You complete Form I-9 with employer
Employer enters I-9 data into E-Verify within 3 days of hire
E-Verify checks against government databases
Result: Employment Authorized OR Tentative Non-Confirmation
Most results are instant "Employment Authorized." About 2-3% result in initial mismatch requiring resolution.
Who Uses E-Verify
Required to use:
Federal contractors and subcontractors
Employers in certain states (Arizona, Mississippi, Alabama, others)
Some industries (certain federal programs)
Employers who previously violated immigration law
Voluntary users:
Many large companies use voluntarily
Tech companies commonly use it
Companies wanting to verify workforce compliance
Check if employer uses E-Verify by looking for E-Verify participation poster at workplace or asking HR.
Tentative Non-Confirmation (TNC)
TNC means system didn't confirm work authorization. This doesn't mean you're unauthorized - often it's database error or timing issue.
Common TNC causes:
Name on I-9 doesn't match SSA records exactly
Recent name change not updated in SSA
New visa/status not yet in DHS system
Data entry error by employer
SSN typo
Citizenship status selection error
Employer must give you written TNC notice explaining how to resolve.
Your Rights During TNC
Your Right | Details |
|---|---|
Continue working | Cannot be fired during contest period |
8 business days | Time to contact SSA/DHS to resolve |
Choose to contest | Can contest or not (but not contesting = termination) |
No retaliation | Employer cannot retaliate for contesting |
New case | If same employer uses E-Verify again, fresh start |
If you choose to contest, employer gives you referral letter explaining where to go (SSA for SSA-related issues, DHS for immigration status issues).
Resolving TNC
SSA-related TNC (name/SSN issues):
Visit local Social Security office
Bring I-9 documents and passport
Explain mismatch and correct records
SSA updates database
Employer re-runs E-Verify
DHS-related TNC (immigration status issues):
Contact DHS through E-Verify
Provide immigration documents
DHS reviews and updates
Employer re-runs E-Verify
Resolution typically takes 1-2 weeks if you act quickly.
Final Non-Confirmation (FNC)
If you don't contest TNC or contest is unsuccessful, system issues Final Non-Confirmation. Employer must terminate employment. FNC doesn't necessarily mean you're unauthorized - system errors happen. But without resolution, employer cannot continue employing you.
After FNC:
Employer terminates employment
You can still work for different employer (if you are authorized)
Address underlying issue before next employment
Consider consulting immigration attorney
E-Verify and Status Timing
E-Verify checks current status in DHS databases. If you just received new H-1B approval or status change, it may not be in system yet.
Timing issues:
New visa approved but E-Verify run before database updated
Name change processed but not yet in SSA
Status extension approved but not reflected yet
Solution: Ask employer to delay E-Verify submission by few days if you just received approval. Or contest TNC and provide documentation showing current valid status.
Protecting Yourself
Before starting new job, ensure SSN card name matches passport and visa documents exactly. Update SSA if you changed name. Confirm I-9 information is entered correctly. Provide clear copies of documents. Note any recent status changes that may not be in system.
Keep copies of all immigration documents readily available to resolve any TNC quickly.
Can employer fire me for TNC?
Not during 8-business-day contest period. Firing during contest period is illegal discrimination.
What if my name doesn't match exactly?
Visit SSA to update records. Common issue for immigrants with name variations between passport and SSN card.
Does TNC mean I'm not authorized to work?
No. TNC means system didn't confirm - often due to database errors, timing issues, or name mismatches. Many TNCs are resolved confirming work authorization.
How long does resolution take?
1-2 weeks typically if you act quickly. Visit SSA/DHS within first few days of receiving TNC.
Can I see my E-Verify case?
Yes. You can check your E-Verify case status at e-verify.gov using case number provided by employer.
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