Form I-290B after a denial: motion to reopen, motion to reconsider, or appeal
9 mins read | Oct 16, 2026
ENROLLMENT, RESULTS, AND I-9 RULES
Contributor
Tukki
Reading time
11 mins read
Date published
Aug 26, 2026
E-Verify is a web-based system that compares the information an employee gave you on Form I-9 against records held by the Department of Homeland Security and the Social Security Administration. If the records match, you get a result in seconds. If they don't, you get a mismatch, and what your company does in the following ten working days is where nearly all of the legal risk in this system lives.
Most HR leads meet E-Verify one of two ways. Either they're about to hire a STEM OPT student and discover enrollment is a prerequisite, or a state licensing rule or federal contract has made it mandatory and someone forwarded them the enrollment link. Either way, the enrollment flow takes twenty minutes and the obligations last as long as you're in the program.
Here's what you're signing up for before you click through it.
E-Verify sits on top of Form I-9. It does not replace it.
Every U.S. employer must complete Form I-9 for every employee hired, citizens included. That obligation is universal and it exists whether or not you ever touch E-Verify. Form I-9 is where the employee attests to their work authorization and you examine their documents.
E-Verify takes the data from that completed I-9 and runs it against government records. It confirms electronically what the paper form asserts. If your I-9 is wrong, E-Verify will not save you, and the fastest way to generate mismatches is to run cases off sloppy I-9 data.
The practical relationship looks like this:
| Form I-9 | E-Verify | |
|---|---|---|
| Who it applies to | Every employer, every employee | Employers who are enrolled |
| What it does | Documents the employee's attestation and your document review | Checks that data against DHS and SSA records |
| When it happens | Section 1 by the first day of work, Section 2 within three business days | Case created no later than the third business day after the employee starts work for pay |
| What you keep | The retained I-9 and any copies you make | The E-Verify case record |
For the mechanics of completing and retaining the form itself, including reverification and what an ICE Notice of Inspection asks for, start with our guide to I-9 compliance. This post covers the layer above it.
Rules and timeframes below are current as of August 2026. Confirm the live requirements on the E-Verify employer resources before you build a process around them.
E-Verify is voluntary for most employers nationally. Three situations turn it into a requirement.
Federal contractors with the FAR E-Verify clause. Employers holding federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause must enroll and use the system as a condition of that contract. Check the clause list in the contract itself rather than assuming, because whether the clause is present depends on the contract type and value.
State law. A number of states require E-Verify participation, often tied to business licensing or to public contracts, and the scope varies widely: some cover all employers, some only public employers or contractors above a size threshold. E-Verify itself does not interpret state law and directs employers to state officials or their own counsel. If you operate in more than one state, treat this as a state-by-state question rather than a company-wide policy decision.
STEM OPT hiring. An employer must be enrolled in E-Verify for an F-1 student to use the 24-month STEM OPT extension. This is the reason most startups end up in the system, and it usually arrives as a surprise two weeks before a return offer needs to go out. Our guide to the STEM OPT extension covers the employer's side of that arrangement, including the I-983 training plan.
Everyone else enrolls voluntarily. Some do it because a large customer asks, some because they hire across states with mixed rules and want one process, and some because they'd rather find a records problem in week one than during an inspection.
Enrollment means signing a memorandum of understanding, or MOU, with DHS and SSA. It commits the company to specific procedures, and it is not a document to skim. You'll also designate a program administrator, the person responsible for adding users, closing cases, and keeping the account current when people leave.

A case runs in a fixed sequence, and the timing constraint sits at step two.
If you miss the three-business-day window, you still create the case. Late is better than never, and E-Verify will ask you for the reason for the delay. What you cannot do is quietly skip it and hope nobody reconciles headcount against case volume.
Two people commonly share this work: whoever completes the I-9 at onboarding and whoever runs E-Verify. When those are different people in different systems, the three-day deadline is the first thing to slip. Assign one owner per hire.
Five results matter. Only one of them means you're done.
Getting a mismatch is normal. Handling it badly is what creates liability.
This is the section to read twice, because the rule that trips employers up is counterintuitive: the employee keeps working, and keeps getting paid, throughout.
You may not take adverse action while a mismatch is being contested. No suspension, no delayed start date, no withheld pay, no reassignment to a lesser role, no "let's pause your onboarding until this clears." Doing any of those things is where discrimination claims and Immigrant and Employee Rights Section investigations come from.
The sequence:
"Federal government working days" excludes weekends and federal holidays, so a mismatch issued the Friday before a long weekend has a later deadline than the calendar suggests. Track it in E-Verify rather than in your head.
Document the conversation. Note the date you handed over the Further Action Notice and what the employee decided. If a claim is ever raised that you pressured someone out during a contest window, that record is what answers it.
The prohibitions are as enforceable as the requirements, and they're easier to violate without realizing.
No prescreening. You cannot run a candidate through E-Verify before they've accepted an offer and completed Form I-9. Screening applicants for work authorization through the system is prohibited, full stop.
No selective verification. If you're enrolled, you verify every new hire covered by your enrollment. You cannot run cases only on employees who look or sound foreign-born, only on people with foreign-sounding names, or only on non-citizens. Selective verification is a discrimination problem before it is a compliance problem.
No document specification. The employee chooses which acceptable documents to present for Form I-9. You cannot demand a specific document, ask for more documents than required, or reject valid documents that reasonably appear genuine. Telling a new hire "just bring your green card" is a request for a specific document.
No re-running existing staff. E-Verify is for new hires, with narrow exceptions such as certain federal contractor obligations. Running your existing workforce through the system because a new HR lead wants a clean baseline is not one of those exceptions.
No adverse action during a contest. Covered above, and worth repeating because it's the most expensive one.
The Department of Justice Immigrant and Employee Rights Section enforces the anti-discrimination provisions, and its employer guidance is the reference to check when a specific situation feels ambiguous.
Administration gets harder as headcount spreads, and the failure modes are administrative rather than legal.
Decide early whether one central program administrator runs all cases or whether each site has its own users. Central control gives you consistency and a single view of open cases. Distributed users give you speed at the three-day deadline. Growing companies usually start central and hit a wall.
Three items belong in whoever owns this:
E-Verify records also need to line up with your I-9s and, for sponsored employees, with your immigration filings. When those three live in three systems, an audit request becomes a reconstruction project. Our guide to onboarding international employees covers sequencing those steps at hire, and how to build a company immigration policy covers writing the ownership down before you need it.
Before you enroll, or as a health check if you already have:
Two answers you don't like are worth fixing this month, not next quarter.
E-Verify is one record set among several. Add Form I-9 files, LCA postings and public access files for H-1B employees, visa and status expiration dates, and the filings behind each sponsored case, and most growing companies are tracking the same population across four or five places at once. That works until someone asks for all of it at the same time.
Tukki is a U.S. immigration provider that works with employers sponsoring skilled professionals, covering H-1B specialty occupation petitions, O-1A and L-1 cases, and employer-sponsored green cards through PERM labor certification. HR gets one view of every case and every date across the sponsored population, while the sponsored employee gets a direct line to the attorneys working their case.
WE CAN HELP
Need more clarity?
Find quick answers to frequent visa questions from our legal experts
Is it the same to do a change of status within the U.S. vs getting a visa abroad?
Not exactly. You can enter the U.S. in one status (e.g., tourist visa) and then request a change of status to another (e.g., O-1A). However:
1. This only changes your status inside the U.S.
2. If you leave the country, you’ll need to visit a U.S. consulate abroad to obtain a visa stamp before reentering.
3. At that consular interview, officers may question your initial intent at the time of entry.
While changing status avoids an immediate trip abroad, we generally recommend consular processing from the start to avoid complications later. However, there are certain situations in which a change of status could be the best solution.
How many H-1B jobs can I hold at once?
There is no fixed statutory number. You can hold more than one H-1B concurrently as long as each employer files and maintains its own valid petition with its own I-129 and LCA, and you can genuinely perform each role at its stated hours.
In practice, the limit is how many real, properly sponsored positions you can hold at the required wages.
Does cap-gap help an employee whose registration was not selected?
No. Cap-gap extends F-1 status and work authorization only where a cap-subject petition was timely filed for a selected registration. It ends on April 1 of the requested fiscal year or on the petition validity start date, whichever comes first.
A registration that was not selected produces none of that.
What is the biggest single cost in a green card application?
For most applicants, attorney and professional fees are the largest single cost, commonly $3,000 to $10,000 or more across the full sequence, which exceeds the government filing fees.
For families, the multiplier effect of paying the final-stage fee and medical exam per person can push the total even higher than the legal fees.
Do we need a new LCA if the employee moves to a different office?
It depends on whether the new office falls inside the same area of intended employment as the certified LCA. Within the same area, you generally post the notice at the new location. Outside it, you need a new certified LCA, and a material change usually requires an amended Form I-129 filed with USCIS before the employee begins working there.
Remote work counts, since a home office is a place of employment.
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