Using an E-Verify Employer Agent: 1 Easy Guide

Why Using an E-Verify Employer Agent Makes Compliance Easier

Using an E-Verify employer agent means hiring a third-party provider to handle the E-Verify process on your behalf. Instead of managing employment eligibility verification yourself, an agent enrolls your company, creates cases, communicates results, and ensures you meet federal requirements. Here’s what you need to know:

Key Points About Using an E-Verify Employer Agent:

• What they do: Agents use E-Verify to confirm employment eligibility for your employees
• How it works: The agent enrolls your company under their account and handles case creation
• Your role: You complete Form I-9, provide employee information, and display required posters
• Agent’s role: They create cases within 3 business days, communicate results, and provide compliance materials
• Costs: E-Verify is free from DHS, but agents charge service fees (typically around $10-12 per hire)
• Benefits: Saves time, reduces compliance risks, and lets you focus on core business activities

If you’re an HR manager juggling onboarding, compliance rules, and a dozen other priorities, you’re not alone. The E-Verify system can feel overwhelming when you’re trying to verify new hires while keeping up with changing regulations.

Many employers lack the time, staff, or equipment to manage E-Verify directly. That’s where an E-Verify employer agent comes in. These third-party providers handle the verification process for you, acting as authorized intermediaries between your business and the government system.

The U.S. Department of Homeland Security offers E-Verify as a free service, but managing it yourself requires training, time, and constant attention to policy updates. An agent takes that burden off your plate. They enroll your company, create verification cases, and guide you through the process, all while you maintain responsibility for completing Form I-9 and providing accurate employee information.

Think of an agent as your compliance partner. They bring expertise, resources, and systems that most businesses don’t have in-house. While DHS doesn’t certify agents or regulate their fees, working with a reputable provider can mean the difference between smooth, compliant hiring and costly mistakes.

What is an E-Verify Employer Agent and Why Use One?

Navigating the complexities of employment eligibility verification can be a significant challenge for any business, regardless of its size. That is where the option of using an E-Verify employer agent truly shines. This strategic partnership transforms a potentially burdensome compliance task into a streamlined, efficient process. It allows us to focus on our core business operations while ensuring we meet federal requirements.

Defining the E-Verify Employer Agent

Simply put, an E-Verify employer agent is a third-party provider that acts as an intermediary between your business and the E-Verify system. These agents are authorized to use E-Verify to confirm the employment eligibility of your new hires and other employees on your behalf. They essentially become your compliance partner, taking on the administrative heavy lifting of the verification process.

The U.S. Department of Homeland Security (DHS) defines E-Verify employer agents as entities that use E-Verify to confirm the employment eligibility of employees for other employers or participants. It is important to remember that while they are authorized to use the system, DHS does not certify these agents, nor does it regulate the fees they charge. For a deeper dive into the program itself, you can explore our E-Verify Program Complete Guide. If you are curious about the fundamental aspects of the system, our guide What is E-Verify? offers a comprehensive overview.

The Core Benefits: Why Outsource E-Verify?

We understand that time is money, and resources are precious. That is precisely why outsourcing your E-Verify process to an employer agent can be a game-changer. The benefits extend far beyond simply delegating a task.

Here are some compelling reasons why we believe using an E-Verify employer agent is a smart move:

• Saves Time and Resources: Instead of dedicating internal staff to learn, operate, and stay updated on E-Verify procedures, an agent handles it all. This frees up your HR team to focus on strategic initiatives rather than administrative tasks.
• Reduces Administrative Burden: From data entry to case management, the E-Verify process involves several steps. An agent streamlines these operations, minimizing paperwork and potential delays for your team.
• Ensures Compliance: E-Verify agents are experts in the system. They stay updated on policy changes and best practices, ensuring all cases are professionally conducted and meet federal government standards. This significantly reduces the risk of non-compliance.
• Mitigates Risk of Fines: Non-compliance with E-Verify regulations can lead to substantial fines and legal challenges. By leveraging an agent’s expertise, we reduce the likelihood of errors that could result in penalties for hiring individuals not authorized to work in the U.S.
• Focus on Core Business Activities: By offloading E-Verify responsibilities, your business can dedicate its energy and talent to what it does best, driving growth and innovation.
• Expertise on Demand: E-Verify agents have access to the necessary tools, training, and time to effectively use the E-Verify system. This expertise is immediately available to us without the need for internal training or system setup.

For more insights into how E-Verify can benefit your operations, check out our article on the Benefits of E-Verify.

Beyond Verification: Additional Services Offered

Many E-Verify employer agents offer a suite of services that go beyond just employment eligibility verification. This can make them an even more valuable partner for businesses looking to streamline their HR and compliance functions.

Beyond simply creating E-Verify cases, agents may also handle:

• Payroll Management: Integrating E-Verify with payroll services ensures a cohesive and compliant employee management system.
• Form I-9 Management: Agents often assist with the proper completion, storage, and auditing of Form I-9, which is a crucial part of employment eligibility verification.
• Background Checks: Combining E-Verify with comprehensive background checks offers a holistic approach to vetting potential hires.
• HR Compliance Consulting: Many agents provide broader HR consulting services, helping businesses steer various employment laws and regulations.

If you are considering outsourcing more of your HR functions, our guide on Outsourced HR Compliance provides valuable information.

Understanding the Costs

While the E-Verify system itself is a free service provided by the U.S. Department of Homeland Security, using an E-Verify employer agent does involve service fees. This is a common point of clarification we often discuss with our clients.

DHS does not certify E-Verify employer agents, nor does it regulate the fees they charge. These fees are determined by the individual agent based on the scope of services they provide. Typically, agents operate on a per-hire cost model, which can be quite minimal. For instance, some statistics show that the cost of an E-Verify employer agent’s services is approximately $12 per potential new hire.

When considering this expense, it is helpful to weigh it against the potential costs of non-compliance, such as fines, legal fees, and administrative burden. Often, the investment in an agent proves to be a cost-effective solution for ensuring peace of mind and operational efficiency. To understand more about the financial aspects of compliance, you can read our article on E-Verify Compliance Cost.

Getting Started: The Enrollment Process with an Agent

So, you have decided that using an E-Verify employer agent is the right path for your business. What happens next? The enrollment process is straightforward, with the agent guiding you every step of the way. It involves gathering necessary information and formalizing the relationship through a legal agreement. This onboarding process is designed to be as seamless as possible, integrating your company into the agent’s E-Verify system. Our E-Verify Onboarding Process offers more details.

How to Enroll Through an Agent

When you choose to work with an E-Verify employer agent, they take the lead in enrolling your company into the E-Verify system. Instead of you directly enrolling with DHS, the agent enrolls your business as a client company under their own E-Verify employer agent account. This means your company’s E-Verify activities will be managed through their established portal.

The agent will walk you through the necessary steps, ensuring all information is accurately submitted. This typically includes the agent initiating the enrollment process, providing you with documentation, and securing your agreement to the terms. If you are curious about the general enrollment application, you can visit the E-Verify Enrollment Application page.

Information You’ll Need to Provide

To successfully enroll your company through an E-Verify employer agent, we will need to provide specific information. This data allows the agent to accurately set up your account within the E-Verify system and ensures compliance.

Here is a list of the key details typically required:

• Your employer name
• Physical and mailing addresses
• Your Employer Identification Number (EIN), also known as your federal tax ID
• The total number of employees in your company
• The first three digits of your North American Industry Classification System (NAICS) code
• The physical address for each of your hiring sites
• Your federal contractor status, if applicable
• Contact information for the individual who will be the Memorandum of Understanding (MOU) signatory and a secondary contact person.

It is crucial to provide accurate and up-to-date information to your agent, as this forms the basis of your E-Verify participation. We also need to notify our agent of any changes to this information promptly.

Handling the Memorandum of Understanding (MOU)

A critical step in the enrollment process for using an E-Verify employer agent is the Memorandum of Understanding (MOU). This is a formal legal agreement that clearly outlines the responsibilities of both your company and the E-Verify employer agent within the E-Verify process. Both parties must read, understand, and agree to follow the rules and guidelines set forth in this document.

The E-Verify employer agent will initiate the MOU process. The designated MOU signatory for your company, who is an individual with signature authority to legally bind the company, will receive the agreement and must electronically sign it. This usually needs to happen within a specific timeframe, often within 24 hours of the enrollment request being submitted by the agent.

Once signed, we recommend keeping a copy of the executed MOU for your records. This document is a foundational piece of your compliance framework. You can find the official E-Verify Memorandum of Understanding for Employer Agents (PDF) for reference.

Using an E-Verify Employer Agent: The Day-to-Day Process

Once enrolled, the daily workflow of using an E-Verify employer agent becomes a collaborative effort. Your agent manages the technical aspects of the E-Verify system, while you maintain crucial employer responsibilities. This partnership ensures that each new hire’s employment eligibility is verified in a timely and compliant manner. Our E-Verify Employer Agent Service is designed to streamline this process for you.

Shared Duties: Employer vs. Agent Responsibilities

Understanding the division of labor is key to a smooth E-Verify process. While the agent handles the system interaction, your company still has vital responsibilities.

Our Responsibilities as the Employer:

• Complete Form I-9: We must timely and properly complete a Form I-9 for every new hire. This form serves as the basis for the E-Verify case.
• Provide Information to Agent: We need to provide the necessary employee information from the completed Form I-9 to our agent promptly.
• Display Posters: We are responsible for prominently displaying the “E-Verify Participation” and “Right to Work” posters in both English and Spanish at all hiring sites. For remote employees, these should be shared digitally or through application materials.
• Provide Photo ID Copies: If an E-Verify case triggers a photo matching step, we must provide our agent with a clear copy of the employee’s photo identification document.

The E-Verify Employer Agent’s Responsibilities:

• Enroll Client Company: As discussed, the agent ensures our company is properly enrolled in E-Verify.
• Create Case by Third Business Day: The agent must create an E-Verify case for each new hire no later than the third business day after the employee starts work for pay.
• Communicate Results: The agent communicates E-Verify case results to us, guiding us on any necessary next steps.
• Provide User Manual and Posters: The agent is required to provide us with a copy of the E-Verify User Manual and the E-Verify Participation and Right to Work posters in English and Spanish.

For a comprehensive look at what falls on the employer’s plate, refer to our guide on E-Verify Employer Responsibilities.

The Form I-9 and E-Verify Integration

E-Verify does not replace the Form I-9. Instead, it is an additional step that works in conjunction with the Form I-9 to confirm employment eligibility. We must still complete a Form I-9 for every new hire, just as required by federal law.

Our E-Verify employer agent will use the information from the completed Form I-9 to create the E-Verify case. A crucial piece of information for this process is the employee’s Social Security Number (SSN). All newly hired employees of E-Verify employers must provide their SSN, as it is required for E-Verify case creation.

In some instances, particularly when an employee presents certain documents like a U.S. passport, passport card, Permanent Resident Card, or Employment Authorization Document, a photo matching step may be triggered. In these cases, we, as the employer, will need to provide our E-Verify employer agent with a clear copy of the employee’s photo identification document. This allows the agent to complete the verification process accurately. You can learn more about this integration in our dedicated article, E-Verify and I-9.

Decoding E-Verify Case Results

Once an E-Verify case is created by our agent, the system processes the information and returns a result. Understanding these results is vital for managing our workforce compliantly. Our agent will communicate these results to us and provide guidance on any required actions.

Here is a breakdown of the different types of E-Verify case results:

• Initial Results:

  • Employment Authorized: This is the best possible outcome! It means the employee’s information matches government records, and they are authorized to work in the United States. No further action is needed.
  • E-Verify Needs More Time: This indicates that E-Verify requires additional time to process the case. Our agent will monitor this and notify us of any updates.

• Interim/Mismatch Results:

  • Tentative Nonconfirmation (TNC): A TNC means the employee’s information does not initially match records available to the Social Security Administration (SSA) and/or DHS. This is not a final determination of ineligibility, but it requires additional action. The employee is entitled to written notice explaining the TNC and an opportunity to contest it. We cannot take any adverse action against an employee based on a TNC or their decision to contest it. For more details, see our article on E-Verify Tentative Nonconfirmation.
  • DHS Verification in Process: This is another interim status, indicating that DHS is actively working to verify the information.

• Final Results:

  • Final Nonconfirmation (FNC): If an employee receives a TNC and chooses not to contest it, or if they contest it but the mismatch cannot be resolved, the case will result in an FNC. Only at this point can an employer take adverse action, including termination of employment, based on the E-Verify result.
  • DHS No Show: This occurs when an employee receives a TNC and does not contact DHS (or SSA, as applicable) within 8 Federal Government working days to resolve the mismatch. This also leads to a Final Nonconfirmation.

Our E-Verify employer agent plays a crucial role in communicating these results and guiding us through the appropriate steps, especially when dealing with TNCs.

Managing Your Agent Relationship and Compliance

Our relationship with an E-Verify employer agent is an ongoing partnership. As with any partnership, there may be times when adjustments are needed, whether it is changing agents or terminating services. Additionally, maintaining privacy and security of employee data is paramount. These aspects of account administration are vital for ensuring continued compliance and protecting sensitive information. For a broader perspective on maintaining compliance, our HR Compliance Review provides valuable insights.

How to handle changes when using an E-Verify employer agent

Life happens, and sometimes businesses need to make changes to their service providers. If we decide to change our E-Verify employer agent, there is a clear process to follow to ensure a smooth transition and maintain compliance:

1. Identify a New Agent: First, we need to choose and establish a relationship with a new E-Verify employer agent.
2. New Agent Enrollment: The new agent will then enroll our company into E-Verify under their account, just as the previous agent did.
3. Work with Previous Agent: It is crucial to work with our former agent to close any open E-Verify cases before our account with them is fully closed. This prevents cases from being left in limbo.
4. Case History: It is important to know that once an account with a former E-Verify employer agent is closed, we will no longer have access to the cases created by that agent, nor can they be transferred. We recommend requesting a report of all cases from the former agent before terminating the relationship if we need access to historical data.

If, at any point, we decide to terminate our E-Verify participation entirely, the process also involves our agent. We must submit our termination request through our E-Verify employer agent. DHS requires at least 30 days’ advance notice for termination. During this notice period, our agent will close any open cases and will not create new ones. This ensures a clean exit from the program.

Privacy, Security, and Your Data

When using an E-Verify employer agent, the privacy and security of our employees’ Personally Identifiable Information (PII) are of utmost importance. E-Verify and its agents handle sensitive data, so strict protocols are in place to protect this information.

Here is what we need to consider:

• Protecting PII: Both our company and our E-Verify employer agent are responsible for safeguarding employee PII. This includes limiting access to authorized users only.
• Secure Data Storage and Access: All employee information collected for E-Verify must be stored securely. Our agent should have robust systems in place to ensure data protection and prevent unauthorized access.
• Private Discussions of Case Results: Any discussions about E-Verify case results, especially Tentative Nonconfirmations (TNCs), must be held privately with the employee. This respects their privacy and allows them to address any discrepancies without undue pressure.
• Agent’s Role in Security: E-Verify protects PII by annually disposing of records that are over 10 years old, in accordance with National Archives and Records Administration (NARA) retention schedules. Our agent should follow similar best practices to minimize security risks.

Maintaining strong E-Verify Compliance also means upholding these privacy and security standards.

Official Resources and Support for Employers

Even with a dedicated E-Verify employer agent, it is always helpful to know where to find official resources and support directly from the source. DHS provides numerous guides and contact points for employers and their agents.

• Quick Reference Guide: The Quick Reference Guide for Clients of E-Verify Employer Agents is an invaluable resource, offering concise information on responsibilities and processes.
• E-Verify Contact Center: For specific questions about E-Verify, password resets, cases, or technical support, the E-Verify Contact Center is available. We can reach them by phone or TTY.
• Department of Justice (IER): For concerns regarding immigration-related employment discrimination, the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) is the place to go. Their contact information is readily available on the E-Verify website.
• EEOC: For other types of employment discrimination, the Equal Employment Opportunity Commission (EEOC) provides support.

Accessing E-Verify Customer Support ensures we always have a direct line to official guidance when needed.

Frequently Asked Questions about Using an E-Verify Employer Agent

We often hear common questions from employers considering or currently using an E-Verify employer agent. Let us address some of these to provide further clarity.

Can I use an E-Verify agent for remote employees?

Absolutely! The rise of remote work has made this a very common and practical question. You can certainly use an E-Verify employer agent for your remote employees. In fact, an agent can be particularly helpful in this scenario.

For remote hires, the agent can act as your authorized representative for the Form I-9 process. While the employee still completes Section 1, the agent can assist with verifying Section 2 by reviewing the employee’s identity and employment authorization documents. This ensures the integrity of the Form I-9, which is then used to create the E-Verify case. Our E-Verify Remote Hiring Complete Guide offers more detailed guidance on this.

What happens if my agent makes a mistake?

While E-Verify employer agents are experts, mistakes can occasionally happen. It is important to remember that when you are using an E-Verify employer agent, responsibility for compliance is shared. The Memorandum of Understanding (MOU) explicitly outlines the duties of both parties.

If an error occurs, communication with your agent is key. A reputable agent will have procedures in place to address and correct mistakes promptly. This could involve closing and resubmitting a case or working with you to resolve a Tentative Nonconfirmation (TNC). This highlights the importance of choosing a trusted partner, as their responsiveness and expertise in error resolution directly impact your compliance.

Are E-Verify agents certified by the government?

This is a very common misconception! No, the U.S. Department of Homeland Security (DHS) does not certify E-Verify employer agents, nor does it regulate the fees they charge. While agents are authorized to use the E-Verify system on behalf of employers, there is no official “certification” program for them from the government.

This means that employers must exercise due diligence when selecting an E-Verify employer agent. Look for agents with a proven track record, strong client testimonials, and a deep understanding of E-Verify policies and procedures. Their expertise and commitment to compliance are what truly matter. Our article on E-Verify Third Party Agent digs deeper into this topic.

Simplify Your Compliance Journey

Deciding to begin using an E-Verify employer agent is more than just outsourcing a task; it is a strategic business decision that can bring immense benefits to your organization. It is about changing the often-complex landscape of employment eligibility verification into a streamlined, efficient, and compliant process.

By partnering with experts, you are not only mitigating risks and ensuring adherence to federal regulations but also freeing up invaluable time and resources. This allows your team to focus on what truly drives your business forward – innovation, growth, and employee development. The peace of mind that comes from knowing your E-Verify obligations are handled professionally is truly invaluable.

At Valley All States Employer Service, we are dedicated to providing expert, impartial, and efficient E-Verify processing. We minimize errors and administrative burdens for our clients across the United States, including those in Lutherville, Maryland. We are here to guide you every step of the way, ensuring your compliance journey is as smooth and stress-free as possible.

Ready to simplify your compliance and gain peace of mind? Get started with an E-Verify Employer Agent today and let us help you steer the complexities with ease.