Recently, a business had an issue with E-Verify in which the photo-matching tool did not work correctly. The photos that E-Verify transmitted did not match those on employees’ documents. Investigations revealed that E-Verify did not depict the correct images. 

This revelation confirmed that E-Verify did not present the actual photos of the employees from the government databases. Instead, it shared random people’s images on the photo-match screen. The U.S. Citizenship and Immigration Services (USCIS) has since corrected the issue.

Businesses finding similar cases should close the case immediately. Once done, the company should submit a new E-Verify submission. This second attempt should depict the correct images to ensure the photo-match program works correctly.

E-Verify is a web-based system employers can use to confirm their employees’ eligibility to work in the United States. However, it does not replace Form I-9. Instead, users must enter the information from a completed Form I-9 into the E-Verify system. 

E-Verify compares this information with the Social Security Administration and the U.S. Department of Homeland Security records. Users can expect a confirmation of the employee’s eligibility to work in the U.S. or a tentative non-confirmation within five seconds. Cases that receive a tentative non-confirmation require additional action before E-Verify can resolve them.

Photo Matching Process

The photo-matching process begins when an employee presents one of the following documents:

• U.S. Passport
• U.S. Passport Card
• Employment Authorization Document (Form I-766)
• Permanent Resident Card (Form I-551)

During this process, the employer must confirm that the photo by E-Verify matches the document, regardless of the employee. When an employee presents any of the documents listed above, the employer must make a copy of the front and back of the document. This requirement also applies if the employee provided a U.S. passport. In this case, they must copy the passport, Passport ID Badge, and the Passport Barcode page. Employers must retain these copies with the employee’s Form I-9.

E-Verify requires the photo on the employee’s document to match its system. Failing this, E-Verify will request the employer to submit a copy of the front and back of the document electronically. After sending the document images, the employer will receive an “Employment Authorized” or tentative confirmation. 

Employees may present any acceptable document when completing the employment eligibility verification (Form I-9) process. Employers must ensure these documents appear genuine and related to the employee. However, employers cannot require specific documents from employees.

Completing Form I-9 has proven confusing due to the many available documents that employees may present. One way to ensure all Form I-9s comply with regulations is to use an electronic I-9 management system. This tool will guide employers through the process, store the forms and documentation, and integrate with E-Verify.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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