What E-Verify is
E-Verify is an online system run by US Citizenship and Immigration Services. It compares the information a new employee gives on Form I-9 with records held by the Department of Homeland Security and the Social Security Administration, and confirms whether that person is authorized to work in the United States.
Using E-Verify itself is free. Enrolling requires a signed Memorandum of Understanding that sets out your obligations as a participating employer, and once enrolled you must follow its rules for every new hire at the hiring sites you register.
Who needs it
For most private employers, E-Verify is voluntary at the federal level. It becomes required in some situations:
- Federal contractors whose contracts include the E-Verify clause of the Federal Acquisition Regulation.
- Employers in certain states that require some or all employers to use it. The rules vary by state and by employer size.
- Employers of some students on STEM OPT extensions, who must be enrolled in E-Verify.
- Companies bidding on public contracts or grants where the buyer requires it.
E-Verify is for employers hiring people who work in the US. If your LLC has no US employees, for example a founder in India with contractors in other countries, E-Verify does not apply to you yet.
What BookMyLLC handles
- A check of whether your company is required to use E-Verify, or would simply benefit from it.
- Collecting the enrollment information: legal name, EIN, address, number of employees and hiring sites.
- Helping you choose the access method and the right point of contact and MOU signatory.
- Walking you through the online enrollment so it is completed in one session.
- A short guide to your obligations under the MOU, including required notices and case deadlines.
Step-by-step process
- Confirm you are ready. Your company needs an EIN and a US hiring site. If you do not have an EIN yet, start with our EIN service.
- Gather the details. The enrollment asks for the company's legal name, physical location, mailing address, EIN, total employees and each hiring site's address.
- Choose people. Name a program administrator and the MOU signatory, who must have authority to bind the company, such as an owner or officer.
- Complete enrollment. E-Verify does not let you save progress partway, so we prepare everything first.
- Sign the MOU. The signatory accepts it electronically, and the account is activated.
- Train users. Anyone who will create cases completes the required tutorial.
How E-Verify works once you hire
The order matters. You make a job offer, the person accepts, you complete Form I-9, and then you create an E-Verify case. The case must be created no later than the third business day after the employee starts work for pay.
You may not use E-Verify to screen job applicants before an offer is accepted, and you may not use it selectively on some new hires and not others at a participating site. If a case results in a mismatch, the employee must be told and given the chance to resolve it. You cannot take adverse action while they do.
Participating employers also display the E-Verify participation and right to work notices where applicants and employees can see them.
Records matter too. Keep each employee's Form I-9 and note the E-Verify case number on it or with it, so you can show during an inspection that every new hire at a participating site was verified on time. If you close a hiring site or stop hiring, update the account rather than leaving it idle.
State E-Verify rules
Several states have their own E-Verify laws. Some require every employer, or every employer above a certain number of employees, to use it for new hires. Others require it only for state contractors or public employers. Penalties for non-compliance range from fines to suspension of business licences in the strictest states.
Because these laws change and depend on headcount, we check the rules for the state where each of your hiring sites is located before recommending enrollment. If you hire remote employees in several states, the rules for each state where an employee works can apply. The state list on e-verify.gov and each state's labor department are the places to confirm the current position.
What you need to provide
- Company legal name, EIN and physical US address.
- Total number of employees and the number at each hiring site.
- Addresses of all hiring sites that will participate.
- Name, phone and email of the program administrator and MOU signatory.
- Your industry, used to classify the company.
Timeline
Once the information is ready, the online enrollment typically takes about an hour, and the account is usually usable soon after the MOU is signed. Allow time before your first hire starts so that users can complete their training.
Common mistakes to avoid
- Prescreening applicants. Running candidates through E-Verify before hire breaks the MOU.
- Missing the three-day deadline. If you realise a case was not created in time, create it immediately and record the reason.
- Checking existing employees. Most employers may only verify new hires. Federal contractors have separate rules.
- Skipping Form I-9. E-Verify does not replace Form I-9. You need both.
- Treating a mismatch as a final answer. The employee has a right to contest it.
This is general information, not legal advice. Immigration and employment rules carry penalties, so have an employment lawyer confirm your obligations. E-Verify usually sits alongside payroll: see our payroll and state registration service, and if you are also sponsoring staff, our visa consultation. Official guidance is at e-verify.gov.
E-Verify at a glance
| Question | Short answer |
|---|---|
| What it is | A free federal system that confirms a new hire's eligibility to work in the US by checking Form I-9 details. |
| Who runs it | The Department of Homeland Security with the Social Security Administration. |
| Do all employers need it? | No. Federal law does not require it for most private employers, but some states do. |
| Cost | There is no fee to use E-Verify itself. |
| When it matters | Before your first US hire starts work, or when a state, contract or client requires it. |
Do you actually need an E-Verify account?
| Situation | Usually required? |
|---|---|
| No US employees yet | No |
| Hiring in a state with a mandate | Often yes; state rules differ on size and timing |
| Federal contractor with the relevant contract clause | Yes |
| Hiring contractors only | No, E-Verify applies to employees |
Our page on US payroll covers the other registrations a first hire triggers, so you set them up together.
What E-Verify involves day to day
After you hire an employee, they complete Form I-9 and you submit the details through E-Verify within three business days of the start date. The system returns a result, usually within seconds. If it cannot confirm eligibility at once, it issues a notice and the employee has a fixed period to contest it, during which you may not take action against them because of the result.
Responsibility sits with you as the employer, so the people who use the account need training. Our setup covers the enrollment, the memorandum of understanding and the access for your staff, so the account is ready before the first hire begins.
Records and common mistakes
- Keep each I-9 for the required period after employment ends.
- Do not screen applicants before an offer is made; E-Verify is for new employees after hiring.
- Treat every employee the same way, regardless of origin.
- Check your state rules, because some states set stricter requirements than the federal system.
