New rules for E-Verify are effective September 9

The new Form I-9 document (expiration date March 31, 2016) used to verify the identity and work authorization of all new hires includes an optional entry line for employees to provide their email addresses. The voluntary electronic verification program, E-Verify, which can be used in addition to, but not replace the Form I-9 process, has a new data field that asks for the employee’s email address. When the employee provides an email address on Form I-9, employers who use E-Verify are required to enter it into E-Verify. In the event of an information mismatch, E-Verify will now send e-mail notifications to those employees. This new email notification does not replace the current process. Employers are still required to notify employees of the mismatch and their right to contest.

Effective Sept. 9, E-Verify has combined the Tentative Nonconfirmation (TNC) Notice and Referral Letter into the new Further Action Notice, which appears when an employee receives a TNC. The employer must select the language of the notice (English or Spanish), print and give the notice to the employee. The Further Action Notice explains the reason for the TNC and the employee’s right to contest it.

If the employee decides to contest the TNC, the employer must print and issue the new Referral Date Confirmation Notice that informs the employee of the date by which they must initiate contact Department of Homeland Security (DHS) or the Social Security Administration (SSA) to begin resolving the TNC. For employees who have provided email addresses, E-Verify will also provide an e-mail notice informing the employee of the date by which contact must be initiated with DHS or SSA to resolve the TNC.

When first accessing E-Verify after Sept. 9, 2013, E-Verify users must complete a short tutorial and knowledge check about these changes.

New I-9 Form Must be Used After May 7

Federal law places an affirmative duty on employers to verify the identity and work authorization of all newly hired persons through completion of the Employment Eligibility Verification Form I-9 within three business days after the individual is hired. The U.S. Citizenship and Immigration Services (USCIS) agency has issued a new Form I-9 for Employment Eligibility Verification. This new form is available for immediate use, but employers may continue to use the previous version (original expiration date 8/31/12) until May 7, 2013.

After May 7, 2013, all employers must use only the newly revised Form I-9 (expiration date 3/31/2016) for each new employee hired, or be subject to a civil penalty if audited. Be advised that the new form requires additional data, and expands the form from one page to two. Employers are encouraged to familiarize themselves with the new format and instructions. The USCIS is conducting several free I-9 webinars throughout the month to provide answers to any questions NAHB members may have about the new form. Download the new form and instructions at: