As an employer, you know how important it is to ensure your team can legally work in the United States. E-Verify is a tool that helps you do just that.
However, keeping up with the system’s ever-changing rules can be challenging. In the first quarter of this year alone, several important updates to how E-Verify works have been made.
To help, we’ll break down the new changes, point out common mistakes to avoid, and provide tips to stay compliant.
What is E-Verify?
E-Verify is electronic, just like its name suggests. It is an online tool that can be used easily through the Internet from any device, such as a computer, tablet, or smartphone.
The U.S. government created E-Verify to help employers quickly check if new employees can legally work in the United States.
When someone starts a new job, they fill out a form called Form I-9, which collects basic personal information. Employers then type these details into E-Verify, which quickly checks them against government records to confirm the employee is legally allowed to work.
For some employers, using E-Verify is optional. However, it’s a requirement if you’re a federal contractor or operating in certain states like Arizona or Mississippi.¹
To sign up, all you need to do is enroll online through the official E-Verify website, register your account, and complete the simple training provided.
2025 E-Verify Changes and How They Impact You
Here’s a quick overview of the significant changes in E-Verify for 2025 and how they’ll directly impact your hiring practices:²
1. New Login Process
Starting in late spring 2025, you’ll no longer use your old username to log into E-Verify. Instead, you’ll use your personal email. This change aims to make your account more secure. To ensure your hiring process isn’t interrupted, take time now to prepare your team so there are no surprises later.
2. Introduction of E-Verify+
The government introduced a new system called E-Verify+. This system combines Form I-9 and the E-Verify process into one simple step. Your new hires can quickly fill out their forms online using a phone or computer. This means less paperwork and fewer errors, making hiring quicker and easier for your HR team.
Please note: Even with E-Verify+, you still have to complete and keep a Form I-9 for each employee.
3. Longer Validity for Green Cards
If an employee’s Green Card has expired but they’ve applied for renewal, their card will now stay valid for 36 months instead of just 24 months. This extension gives you more peace of mind, knowing your employees can keep working legally while the government processes their renewals. Just be sure to keep track of these extensions.
4. Automatic Deletion of Older E-Verify Record
Every year, E-Verify deletes records older than ten years. In 2025, records from 2015 will disappear permanently. Don’t get caught off guard—consider saving and storing these essential records safely in another place. Setting calendar reminders and creating an organized storage system will make managing your records hassle-free.
5. Special Work Permits (DED and TPS) Updated
Some workers from certain countries have special permissions called Deferred Enforced Departure (DED) or Temporary Protected Status (TPS). Recent updates extend DED for some Hong Kong residents until early 2027 and TPS for Ukraine and Sudan until October 2026. However, TPS for Venezuelans under the 2023 program will end in April 2025 (though a separate program lasts until September 2025).
7 Common E-Verify Mistakes and How to Avoid Them
To keep your company safe from penalties and audits, it’s essential to understand common errors employers frequently make. Here are some of the most frequent pitfalls and ways to avoid them:
1. Using E-Verify Before Hiring
Sometimes, employers use E-Verify to screen candidates before they make a formal job offer or before the employee completes the required I-9 form.
E-Verify is meant to be used only after the job offer has been accepted and the I-9 form is completed. Using it too early can be considered pre-employment screening, which is not allowed and may lead to errors or discrimination claims.
Consider waiting until the candidate has accepted your job offer and completed Section 1 of the I-9 form before you run an E-Verify check. This ensures you follow the proper legal procedures and that the process is fair for everyone involved.
2. Making Data Entry Errors
Mistakes on work eligibility forms remain a top reason for compliance issues, and even minor errors can lead to problems.
The form has two main sections: the employee must complete the first section on or before their first day of work, and the employer must complete the second section within three business days after the employee starts. Filling out these sections incorrectly or late can create compliance challenges later on.
Another common issue occurs when the details provided on Form I-9 don’t precisely match the employee’s ID documents. Even tiny differences, like a misspelled name or incorrect date, can trigger alerts when entered into E-Verify.
To avoid these problems, always take a moment to double-check every entry carefully.
3. Creating More Than One Case for the Same Employee
Sometimes, when there’s an error in an E-Verify case (such as a typo or data mismatch), you might be tempted to “fix” it by starting a new case for the same employee instead of correcting the original one.
Creating duplicate cases can confuse the system and distort official records. It increases the risk of further errors and makes tracking the employee’s verification process more difficult.
If you spot an error, take the time to correct it in the original case. Only create a new case if the E-Verify system explicitly instructs you to do so. This approach keeps your records clear and accurate.
4. Asking for the “Wrong” Documents
Some employers mistakenly ask employees to provide specific documents—like a green card, driver’s license, or Social Security card—even though the law says employees can choose from a list of acceptable documents when filling out the work eligibility form.
This practice forces employees to provide more information than necessary. If certain groups are repeatedly asked for extra proof, even though everyone is allowed to choose any valid document from the official list, this can lead to claims of discrimination.
To avoid this, ensure your HR staff is fully trained on the rules. Encourage them to let new hires choose any acceptable document from the official list without suggesting one over another. This ensures that every employee is treated fairly and legally.
5. Skipping the Photo Check
For certain documents, like Green Cards or Employment Authorization Documents, E-Verify displays a photo that should match the one on the employee’s document. Some employers skip this vital step or forget to print and save the confirmation.
Not verifying the photo properly could mean you miss a crucial mismatch that might indicate a more serious issue. This oversight weakens the verification process and could expose you to risks if fraud is later discovered.
Make sure that every person handling E-Verify is trained in the photo-matching process. Always take the time to compare the photo on the document with the one shown in the system, and be sure to print and save the confirmation page for your records.
6. Not Handling “Tentative Non-Confirmation” Properly
If an employee’s information can’t be immediately confirmed through E-Verify, you’ll receive a Tentative Non-confirmation (TNC) alert. Getting a TNC doesn’t mean your employee isn’t allowed to work—it simply means the system needs more information to verify their details.
One common mistake employers make is ignoring the alert or terminating the employee too soon, which can cause unnecessary compliance headaches.
The key to handling this smoothly is fast and clear communication. As soon as you get a TNC, let your employees know exactly what’s happening. Explain clearly who they need to contact—usually the Social Security Administration or the Department of Homeland Security—and remind them they have eight business days to resolve the issue.
Once the mismatch is resolved, an employment authorization will be returned.
7. Not Closing the Case Once It’s Done
Once E-Verify returns a final result for an employee’s case, the case needs to be manually closed. Unfortunately, sometimes employers assume this happens automatically or forget to do it.
Leaving cases open creates confusion and may suggest that you’re not actively managing your E-Verify responsibilities. This can cause issues during audits and affect your overall E-Verify compliance record.
To prevent this from happening, develop a routine where you or your HR team regularly review the status of all E-Verify cases. Close each case promptly once you receive the final result to maintain accurate, up-to-date records.
Read More: The 3 Things Every Hiring Manager Needs in 2023
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References:
- E-Verify User Manual for Employers. E-Verify, Accessed 21 Mar. 2025, www.e-verify.gov/sites/default/files/everify/guides/E4en.pdf.
- “What’s New.” E-Verify, Accessed 21 Mar. 2025, www.e-verify.gov/about-e-verify/whats-new.
