E-Verify Can Be Used For Which Of The Following (And What Will Get You Fined)

So, you’re looking at that blinking cursor on the E-Verify login screen and wondering if you’re actually allowed to hit "submit" on this specific person. It’s a fair question. Honestly, the rules around this system are a bit of a maze, and if you trip up, the Department of Justice or ICE doesn’t exactly give out "participation trophies" for trying your best. They give out fines. Big ones.

Basically, E-Verify is a web-based system that acts like a high-speed background check specifically for your right to work in the United States. It takes the info from a Form I-9—that paperwork everyone hates filling out—and pings it against Social Security Administration (SSA) and Department of Homeland Security (DHS) records.

But here’s the kicker: just because you have access to the system doesn’t mean you can use it whenever you feel like it.

The Short Answer: Who Actually Gets Checked?

If you’re wondering, E-Verify can be used for which of the following, the answer is pretty narrow. It is specifically designed for newly hired employees after they have accepted a job offer and completed the Form I-9.

You can't just run your neighbor's name through it to see if they're "legal." You can't use it on a guy who applied for a job but hasn't been interviewed yet. It’s a tool for confirming a hire, not screening a candidate.

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The One Big Exception: Federal Contractors

There is one group of people who get a "special" pass to look at existing staff. If your company lands a federal contract that includes the Federal Acquisition Regulation (FAR) E-Verify clause, things change.

In this specific scenario, you might actually be required to run your current employees through the system. This usually applies to people specifically assigned to work on the federal contract, though some companies choose to verify their entire workforce to keep things simple. It’s the only time "looking backward" at your current staff is actually legal.

What Most People Get Wrong (And Why It Costs Them)

I’ve seen a lot of small business owners treat E-Verify like a pre-employment screening tool. They think, "Hey, I’ll just check if this person is authorized before I waste time interviewing them."

Stop right there. That is a one-way ticket to a discrimination lawsuit. Using E-Verify to pre-screen applicants is strictly prohibited. In fact, in states like California, misuse of the system (like checking someone before they have a job offer) can result in a $10,000 penalty per violation under laws like AB 622.

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You have to follow the "Three-Day Rule." You hire them, they start, and you have exactly three business days to get that case opened in the system.

What You Absolutely CANNOT Use E-Verify For:

• Pre-screening applicants: You can’t use it to "thin the herd" of resumes.
• Re-verifying expired paperwork: If a current employee’s work authorization expires, you use the I-9 re-verification process (Supplement B), NOT a new E-Verify case.
• Checking people based on "vibes": You can’t just check the people who "sound foreign" or look like they might not be from around here. If you use it for one new hire, you have to use it for all new hires. No picking and choosing.
• Self-checks for fun: While there is a "Self Check" tool for individuals, an employer cannot force a person to run their own check and show the results as a condition of employment.

The "Mismatch" Panic: What Happens Next?

Sometimes the system spits back a "Tentative Nonconfirmation" (TNC). This isn't a "fire them immediately" signal. It’s more of a "wait, something doesn't match" flag.

Maybe they got married and didn't update their name with the Social Security Administration. Maybe a clerk typed a digit wrong back in 1994. Whatever it is, the employee has the right to contest it.

You cannot fire them, cut their hours, or delay their training while they are sorting out a TNC. If you do, you're breaking the law. They usually have about 10 federal working days to start the resolution process. During that time, they stay on the payroll.

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States Where You Don't Have a Choice

Depending on where your business is located, E-Verify might not be "voluntary" at all. As we head into 2026, the map is looking pretty crowded.

States like Arizona, Mississippi, Alabama, South Carolina, and Georgia generally require all or most employers to use it. Florida has some heavy requirements for private employers with 25 or more workers. Even Ohio recently jumped on the bandwagon for certain nonresidential construction projects starting in early 2026.

If you're in one of these states and you're skipping the E-Verify step, you're not just "opting out" of a federal program; you're potentially risking your business license.

Actionable Steps for Staying Out of Trouble

If you're handling HR or running a business, here is how you stay compliant without losing your mind:

1. Wait for the "Yes": Never, ever run a case until a job offer has been accepted.
2. Display the Posters: If you use E-Verify, you are legally required to display the "Notice of Participation" and the "Right to Work" posters where applicants can see them.
3. Audit Your Dates: Make sure your I-9s are finished by day one of work and your E-Verify cases are submitted by day three.
4. Treat Everyone the Same: If you verify the new CTO, you verify the new janitor. Period.
5. Watch for TNCs: If a mismatch pops up, give the employee the "Further Action Notice" privately. Don’t announce it to the office.

E-Verify is a powerful tool for keeping your workforce legal, but it's a precision instrument, not a sledgehammer. Use it only for newly hired employees (unless you're that specific type of federal contractor), and you'll stay on the right side of the law.