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E-Verify For Employees: Know Your Rights

Posted by Ann Badmus | Feb 13, 2013 | 0 Comments

E-Verify is an online tool used by employers to determine whether a worker is eligible for employment under U.S. immigration law. Employers send information from you I-9 to the Social Security Administration (SSA) and the Department of Homeland Security (DHS) to verify that you are authorized to work in the United States. Your name, Social Security number, date of birth, and immigration status are matched to government records. If your employer uses E-Verify, you should know your rights.

Responsibilities of the Employer

  • They must inform you that they use E-Verify.
  • They must inform you if E-Verify issues a mismatch, often called a tentative nonconfirmation (TNC).
  • They must provide you with written instructions for contesting a mismatch.
  • They must provide you 8 federal work days to contact the appropriate federal agency to resolve the TNC.
  • They must keep your personal information private.
  • They cannot use E-Verify on job applicants or current employees.
  • They cannot use E-Verify to discriminate against you based upon your national origin or citizenship/immigration status.
  • They cannot terminate you because you received a TNC.
  • They cannot change your working conditions (e.g., hours, training, pay) because you decide to contest a TNC.

Your Rights

  • You have a right to challenge a mismatch (TNC).
  • You have the right to written information and instructions from your employer if you receive a TNC.
  • You have the right to contact the appropriate government agency to resolve a TNC.
  • You have the right to file a complaint with the Office of Special Counsel of you believe you employer used E-Verify in order to discriminate against you.

About the Author

Ann Badmus

Principal and Managing Attorney


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