Frequently Asked Questions
E-Verify is an internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.
Here are some Frequently Asked Questions about E-Verify for Work & Travel USA Host Employers.
E-Verify
If I am participating in E-Verify, how do I proceed with the E-Verify process if my international staff member has not yet received a Social Security number? Sometimes international participants have not received their Social Security numbers prior to starting work (allowed under the regulations of the J-1 SWT program).
If a newly hired employee has applied for, but has not yet received an SSN, attach an explanation to the employee’s Form I-9 and set it aside. Allow the employee to continue to work and create a case in E-Verify using the employee’s SSN as soon as it is available. If the case was not created by the third business day after the employee started work for pay, indicate the reason for this delay in E-Verify. You may choose a reason from the drop-down list or state a specific reason in the field provided.
What if the employee never receives a Social Security number before returning to their home country?
You would notate this scenario on the memo with the Form I-9 as well.
Is there a penalty for the employer or negative impact on the employee if the employee never receives an SSN and thus never successfully completes E-Verify?
No. You are required by law to complete the Form I-9. E-Verify is secondary. If you are enrolled in E-Verify and the Department of Homeland Security sees that cases are not being run, they may contact you to ensure you understand the requirements of E-Verify. E-Verify is not an enforcement/penalty program.
Read more about E-Verify.
