Employees have the right to know if you participate in E-Verify. Employers must post the E-Verify “Notice of Participation” and the Department of Justice “Right to Work” posters in English and Spanish.
Employees must be able to know they’ve received a Tentative Nonconfirmation (TNC) and have the ability to contest it.. Your must give the employee a Further Action Notice in English and a translated version, if appropriate, with information on how to contest the TNC. That notice will indicate whether the U.S. Department of Homeland Security (DHS) or the Social Security Administration (SSA) issued the TNC. This notice is generated from E-Verify.
The employee must be provided the information of HOW to contest a TNC, including the timelines/deadlines to do so. If an employee wishes to contest the TNC, you must provide a Referral Date Confirmation with the deadline and process to visit SSA or call DHS.
You must allow the employee to start and continue working during the E-Verify process, including during the process of contesting a TNC.
The employee must be able to present to you the documents of their choice, as long as they meet the requirements of List A or List B and C. It’s not up to your convenience, and you cannot request that they present certain documents.
Complete list of employee rights and responsibilities.