Description

E-Verify Participation & Right to Work Bilingual Poster

Help satisfy E-Verify employee notification requirements with the E-Verify Participation & Right to Work Bilingual Poster. This combined workplace notice provides the required E-Verify participation and employee Right to Work information in both English and Spanish for employers enrolled in E-Verify.

Employers participating in E-Verify must clearly notify prospective employees and employees whose employment eligibility will be verified through E-Verify by displaying the required E-Verify Participation and Right to Work notices.

What Is E-Verify?

E-Verify is an internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration. Participating employers use E-Verify to electronically compare information from an employee's Form I-9, Employment Eligibility Verification, with government records to help confirm employment authorization.

E-Verify supplements the Form I-9 employment eligibility verification process. Employers participating in E-Verify must continue to properly complete Form I-9 for employees as required by federal law.

Which E-Verify Posters Must Participating Employers Display?

Employers participating in E-Verify must clearly display two important employee notices:

Notice of E-Verify Participation – informs employees and job applicants that the employer participates in E-Verify
Right to Work Poster – informs workers about protections against certain forms of employment discrimination based on citizenship status and national origin

Participating employers must display these notices in English and Spanish. Employers may also display versions in additional languages provided by the federal government.

What Does the E-Verify Participation Notice Explain?

The E-Verify Participation notice informs employees and prospective employees that the organization participates in E-Verify and will provide information from an employee's Form I-9 to the federal government to confirm employment authorization.

The notice also explains important employee protections during the verification process, including that employers may only use E-Verify after an individual has accepted an offer of employment and completed Form I-9.

What Is the Right to Work Poster?

The Right to Work Poster is issued by the U.S. Department of Justice Immigrant and Employee Rights Section (IER). It explains protections available to legally authorized workers against certain forms of employment discrimination based on citizenship status or national origin.

The notice also provides information about contacting the Immigrant and Employee Rights Section when an employee or applicant believes an employer may have violated applicable employment discrimination protections.

Where Should E-Verify Posters Be Displayed?

E-Verify participating employers must display the required notices in a prominent location where prospective employees and employees whose employment eligibility will be verified through E-Verify can clearly see them.

Appropriate physical posting locations may include:

Applicant and interview areas
Human Resources offices
Employee entrances
Employee bulletin boards
Break rooms
Hiring locations
Other locations where employee and applicant notices are customarily displayed

Can E-Verify Posters Be Displayed Electronically?

Yes. Current E-Verify guidance allows employers to provide the required participation notifications through digital and online methods in addition to physical workplace display.

Employers may make the E-Verify Participation and Right to Work notices available through methods such as:

Company career or employment websites
Online job application systems
Employee portals or intranets
Digital workplace posting systems
Electronic job application materials

The notices should remain readily accessible to the prospective employees and employees affected by the employer's E-Verify participation.

What About Remote Employees and Applicants?

E-Verify employers must notify prospective employees and applicable employees of the organization's participation even when employees are hired to work remotely.

For remote or online recruiting environments, employers can make the required notices available electronically so applicants and employees can readily access the information.

When Can an Employer Create an E-Verify Case?

An employer generally may not use E-Verify to screen job applicants before hiring. E-Verify may generally be used only after an individual has accepted an offer of employment and completed Form I-9.

Employers should follow current E-Verify procedures and applicable timing requirements when creating an employment eligibility verification case.

What Happens if E-Verify Cannot Immediately Confirm Employment Authorization?

An E-Verify mismatch does not automatically mean that an employee is unauthorized to work in the United States.

When E-Verify cannot immediately confirm employment authorization, employers must follow applicable E-Verify procedures and provide the employee with required information and an opportunity to take appropriate steps to resolve the mismatch.

An employer may not take prohibited adverse action against an employee solely because the employee receives an initial mismatch result while the employee is properly taking steps to resolve the case.

Can Employers Use E-Verify to Discriminate Against Workers?

No. Employers must use E-Verify consistently and in accordance with federal law and program requirements.

E-Verify must not be used to unlawfully discriminate against applicants or employees based on citizenship status, immigration status, national origin, or other characteristics protected by applicable federal employment discrimination laws.

Are All Employers Required to Use E-Verify?

No. E-Verify is not universally required for every private employer in the United States.

Participation may be required for certain federal contractors and subcontractors, employers operating under particular state laws, and other organizations subject to specific legal or contractual requirements. Other employers may participate voluntarily.

Employers should review the requirements that apply to each workplace location rather than relying on a general nationwide E-Verify requirement.

E-Verify Requirements for Federal Contractors

Certain federal contractors and subcontractors with contracts containing the applicable Federal Acquisition Regulation E-Verify clause are required to participate in E-Verify.

Federal contractor requirements can differ from the standard E-Verify procedures that apply to employers participating voluntarily. Contractors should review their federal contract and current E-Verify federal contractor guidance to determine which employees and hiring locations are covered.

Do State E-Verify Requirements Vary?

Yes. State E-Verify requirements vary significantly and can change over time. Some states require participation by certain private employers, public employers, government contractors, or employers meeting specified workforce thresholds.

Employers operating in multiple states should review the current E-Verify requirements applicable to each location and workforce.

Are the English and Spanish E-Verify Posters Required?

Yes. Participating E-Verify employers must clearly display the E-Verify Participation and Right to Work notices in English and Spanish.

Employers may also display the notices in additional languages made available by the federal government when doing so helps communicate E-Verify information to their workforce.

Keep E-Verify Posters Current

E-Verify participating employers are responsible for displaying current versions of the required notices. When the U.S. Department of Homeland Security or Department of Justice updates an applicable E-Verify notice, employers should replace outdated versions as required by current E-Verify program guidance.

Employers should periodically review their E-Verify postings and program procedures to ensure that employee and applicant information remains current.