What Procedural Requirements and Employee Rights Apply to Use of E-Verify?
Employers who use E-Verify must follow certain procedures and observe certain employee rights, as follows: • The employer must post a notice provided by the DHS informing employees that it uses E-Verify. • E-Verify must be used for all new hires regardless of national origin or citizenship status. It may not be used selectively. • E-Verify must be used only after hire and completion of the I-9 Form. It may not be used to pre-screen applicants. • If the E-Verify system generates an information mismatch, the employer must promptly provide the employee with a written notice generated by E-Verify concerning how to challenge the mismatch. • If an employee challenges a mismatch, the employer must provide the employee with a referral letter issued by E-Verify that contains specific instructions and contact information. • Any form of employer retaliation or adverse action against employees who challenge a mismatch is strictly prohibited. • An employee faced with a mismatch must be given eight
