Mastering E-Verify: Common pitfalls and how to avoid them
E-Verify plays a critical role in employment eligibility verification, but it’s also an area where mistakes are easy to make — and costly to ignore. From incorrect data entry to misunderstandings about case resolution, these errors can put employers at risk. Below, we outline the most common E-Verify pitfalls and the best practices that help ensure accuracy, consistency, and compliance.
Common E-Verify mistakes
E-Verify is complex, and even experienced employers can make mistakes. We know that these mistakes can be costly, though, so it’s crucial to avoid them wherever possible.
1. Tentative Nonconfirmation (TNC) mistakes
Tentative Nonconfirmation (TNC) mistakes are among the most serious E-Verify compliance issues employers face. A TNC occurs when information entered into E-Verify does not immediately match records from the Social Security Administration (SSA) or Department of Homeland Security (DHS). A Tentative Nonconfirmation is often referred to as an E-Verify mismatch, indicating that information did not initially match SSA or DHS records.
Common TNC mistakes include failing to issue the official Further Action Notice, not allowing the employee to review and respond to the notice, or taking adverse action before the case is resolved. Employers must follow the correct sequence of actions, ensure notices are delivered properly, and document each step to remain compliant.
Because TNC workflows involve strict timing requirements and employee choice, even small errors can result in misuse findings during a government review.
2. Failing to include E-Verify case number with the I-9
Your E-Verify case number must be included or attached to the I-9 when you file it for safekeeping. However you file your form I-9 documents, keep up with your E-Verify case number in the same way. You are given an E-Verify case number as soon as you close that employee’s E-Verify case.
3. Failing to use E-Verify for all new hires
When you switch to using E-Verify as a business, whether you volunteer or are required to do so, you must use it for all new hires going forward. Like As we talked about in last week’s post, you cannot try E-Verify for a while and go back to using Form I-9 alone. You have to commit to and use this system going forward.
4. Accidentally submitting an existing employee
You don’t need to submit any existing employee prior to when you started using E-Verify. Make sure you sort your employee files accordingly so that you aren’t submitting older employees. Submitting older employees can cause issues with E-Verify because their hire dates would conflict with when you should open E-Verify cases. Make sure you keep your E-Verify adoption date available to program administrators, so they don’t enter existing employees.
5. Data entry error from Form I-9
You are entering a lot of data from Form I-9 to E-Verify. Some processes can automate some of this, but you should always double and triple-check information before you submit E-Verify information.Using Form I-9 compliance and E-verify software helps reduce these risks by limiting manual data entry and standardizing how information is captured and transferred. Built-in validation and accuracy checks help identify errors before submission, lowering the likelihood of tentative nonconfirmations and improving overall compliance accuracy.
6. Incorrect hire date entered in E-Verify
The hire date is essential. You have three business days after the employee starts working for pay to create the case. Don’t give yourself too little time or too much time based on the hire date. Make sure you have the correct date recorded.
7. Failing to create a case by the third business day after the employee started to work for pay
Just like with Form I-9, the 3rd business day is essential. You have even more to do if you decide to utilize E-Verify to verify employment eligibility. Stay on top of this process and help your employees fill out documents as quickly as possible so you can create cases ASAP.
8. Not reviewing a document containing a Photo If the employee provided a List B identity document
When working with List B documents, you need to verify that the picture matches the person, just like you would with Form I-9. Reviewing this photo is an essential part of the E-Verify process.
9. Failing to close cases
Closing the E-Verify case after verification is essential. By closing the case, you can get your E-Verify case information and file away the necessary paperwork. Don’t leave cases lingering around;, finish the entire process. Not only will this help you be more organized, but it’s also a part of the E-Verify process.
Consequences of E-Verify mistakes
E-Verify mistakes may lead to a range of outcomes depending on severity and frequency. Minor technical errors may result in correction requests, while repeated or uncorrected issues can escalate to formal notices, increased scrutiny, or civil penalties.
More serious violations — such as misuse of the system, failure to follow Tentative Nonconfirmation procedures, or missed timing requirements — may be identified during I-9 audits and can impact an organization’s overall compliance posture.
Understanding these potential consequences reinforces why accurate processes, documentation, and secure handling of employee information are critical. Improper use of E-Verify—such as prescreening applicants, selectively running cases, or taking action before a final result—may be flagged as misuse during audits.
E-Verify best practices
Now, let’s talk about some E-Verify best practices to use for your business. As the use of E-Verify rolls out for more companies over the years, we must keep these best practices in mind for a smoother transition
Build a system
Utilizing E-Verify is another hurdle in an already tense time during the first three days of your employee’s tenure at your company. You are required to get things done by the third business day. Create a system that helps you meet that deadline every time. Start by setting aside some time during the first day to make sure the form gets done. The bit of time you spend on the first day of work getting the first part of the I-9 form complete can save you a ton of time and energy during the 2nd and 3rd business days you have to create an E-Verify case.
Maximize automation
E-Verify is tricky, as we’ve already discussed in the common E-Verify mistakes section of this article. It’s vital that you reduce clerical errors and save time for your team whenever possible. By using tools like Workbright’s Form I-9 compliance & E-Verify software, you can quickly work on the E-Verify process within the WorkBright app. Since it’s automated, you cut down on errors and speed up the E-Verify process.
Check & correct
Mistakes happen, and they can be costly. Make sure you are keeping up to date with any mistakes E-Verify finds in your cases. Correct things immediately and resubmit when necessary. Doing this regularly will help you make the most of E-Verify.
Review annually
Your E-Verify process can always be more streamlined. Make sure you take the time annually to review your process and provide training on current E-Verify best practices. Everyone is learning this process as it rolls out to more employers. Make sure you keep your employees up to date on the E-Verify process.
Is E-Verify mandatory — and who must use it?
E-Verify is mandatory for certain employers, including some federal contractors and businesses operating in states with E-Verify laws. Other employers may choose to participate voluntarily. Once enrolled, however, employers must use E-Verify consistently for all new hires and follow official program rules.
Understanding whether E-Verify applies to your organization is essential, as requirements vary based on location, contracts, and government participation.
Conclusion
E-Verify is a new challenge for all employers who are required to or choose to use it. While this is a challenge, you have to be excited and ready to tackle it. By taking your time to submit information, finding ways to automate, and reviewing your progress, you can avoid common E-Verify mistakes. WorkBright’s I-9 and E-Verify solution is designed to support these efforts—helping teams manage cases efficiently, stay on track with required timelines, and maintain confidence during audits or government reviews. To find out more, book a demo.
HR compliance is complex, but it doesn’t have to be. WorkBright’s modern software and services streamline I-9s, E-Verify, and form management, while keeping your team audit-ready and aligned with ever-changing regulations. Take the guesswork out of compliance so you can focus on what matters most—your people.
