E-Verify checks Form I-9 information and is voluntary for most private employers.
E-Verify is an online system run by the Department of Homeland Security and the Social Security Administration. It does not replace Form I-9, and some federal contracts require it.
The basics for employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Voluntary for Most
For most private employers, using E-Verify is a choice, though certain federal contractors must use it.
Cases Follow the I-9
Employers create a case after completing Form I-9, generally by the third business day after the employee starts.
Same Rules for Everyone
Employers must use it for all new hires at the participating location and may not use it to screen applicants before hire.
How it plays out.
An employer that enrolls signs a memorandum of understanding that sets out its obligations, including notifying employees of a mismatch and giving them a chance to contest it.
Do not take adverse action against an employee while a tentative nonconfirmation is pending, and follow the posted notice requirements.
Check whether any federal contract or customer agreement requires E-Verify before deciding.
Where this shows up in your plan.
E-Verify has no effect on benefit eligibility. Eligibility follows the plan document.
Do not hold back enrollment or benefits because of a pending case.
Include the E-Verify steps on the same onboarding checklist as Form I-9 and enrollment.
Setting it up.
Check Contract Requirements. Confirm whether any federal contract requires it.
Decide and Document. Record the decision to use it or not.
Train the Users. Train staff who create cases.
Post the Notices. Display the required participation notices.
Mistakes to avoid.
Using It Before the Offer. Cases are created after hire and Form I-9.
Acting on a Pending Case. Do not take adverse action during a tentative nonconfirmation.
Selective Use. Apply it to all new hires.
Laws and Rules Referenced
E-Verify — Program rules, memorandum of understanding and training.
Employment eligibility, 8 U.S.C. 1324a — The statute.
USCIS, Form I-9 — The form E-Verify relies on.
Quick answers.
Short answers to what employers ask most. This is general information, not legal or tax advice.
Is E-Verify required?
For most private employers it is voluntary, though some federal contracts require it.
Does it replace Form I-9?
No. Employers complete Form I-9 first.
When is a case created?
After Form I-9, generally by the third business day after the start date.
More employment law guides for Michigan employers.
Harassment and Discrimination Rules for Michigan Employers
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ADA and Religious Accommodations for Michigan Employers
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Employee Handbooks and Arbitration Agreements Michigan Guide
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Whistleblower and Retaliation Protections for Michigan Employers
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