U.S. Citizenship and Immigration Services (USCIS) is providing an E-Verify employee rights toolkit on its website, in English and Spanish.  The toolkit offers educational videos, audio and materials regarding the use of E-Verify and anti-discrimination issues, the unauthorized practice of immigration law, Self Check demo and PSAs, and Know Your Rights brochures.

One Know Your Rights brochure provides the following good tips regarding an employer’s use of the E-Verify program. 

Employers must:

  • Inform individuals that it uses E-Verify (there’s a poster for this which one gets when they complete the E-Verify tutorial).
  • Use E-Verify for all new hires, including U.S. citizens.
  • Inform individuals if E-Verify issues a mismatch, called a tentative nonconfirmation (TNC).
  • Provide individuals with written instructions for contesting a mismatch.
  • Provide individuals eight (8) federal work days to contact the appropriate federal agency to start resolving the TNC.
  • Keep individuals personal information private.

As an Employer using E-Verify, you cannot:

  • Use E-Verify on job applicants as a pre-screening tool or for current employees (one caveat to use of E-Verify for current employers is for federal contractors).
  • Terminate an individual simply because they received a TNC.
  • Change an individuals working conditions (e.g., hours, training, pay) because they choose to contest a TNC.