E-Verify is not a background check. It does not check criminal history, credit scores, past employment, education, or driving records. E-Verify does one thing: it confirms whether a newly hired employee is authorized to work in the United States.
The confusion is common — and understandable. Both background checks and E-Verify happen during the hiring process. But they serve completely different purposes, check different databases, and are governed by different laws. Here is what E-Verify actually does, what it does not do, and why the distinction matters for employers.
E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares information from an employee's Form I-9 to government records to confirm that the employee is authorized to work in the United States.
Specifically, E-Verify checks:
That is the full scope. E-Verify returns one of three results: Employment Authorized, Tentative Nonconfirmation (mismatch), or Case in Continuance. It does not return anything about an employee's personal history.
A background check typically screens for criminal records, credit history, past employment, education verification, professional licenses, and driving records. E-Verify does none of this.
| Check Type | Background Check | E-Verify |
|---|---|---|
| Criminal history | Yes | No |
| Credit report | Yes (with consent) | No |
| Employment history | Yes | No |
| Education verification | Yes | No |
| Driving record | Yes | No |
| Work authorization | No | Yes |
| SSN validation | Limited | Yes |
| Immigration status | No | Yes |
E-Verify also does not check whether someone has previously worked for your company, whether they have been terminated from other employers, or whether they have any pending legal issues. It is strictly a work authorization verification tool.
No. This is one of the most common misconceptions. E-Verify does not access any employment history databases. It does not know where someone has worked before, how long they were employed, or why they left.
E-Verify only confirms whether the person is currently authorized to work in the United States based on their Form I-9 information matched against SSA and DHS records. If you need employment history verification, that requires a separate background check through a consumer reporting agency governed by the Fair Credit Reporting Act (FCRA).
Not sure whether your E-Verify process meets federal requirements? Our compliance team has 27+ years of experience with Form I-9 and E-Verify across every major industry. Schedule a free compliance call or check your I-9 risk exposure.
E-Verify is not a standalone process. It builds on the Form I-9 that every U.S. employer is already required to complete.
If E-Verify returns a Tentative Nonconfirmation (TNC), the employee has the right to contest the mismatch. The employer cannot terminate, suspend, or take any adverse action against the employee during this process.
E-Verify is free and voluntary for most employers. But it is mandatory in several situations:
Even where E-Verify is not required, many employers use it voluntarily. It creates an additional layer of documentation that demonstrates good-faith compliance during an I-9 audit — and it is the only way to access the alternative procedure for remote document examination, which allows employers to verify I-9 documents over video call instead of in person.
Confusing E-Verify with a background check can lead to real compliance problems:
No. E-Verify has no access to criminal databases. It only checks work authorization status through SSA and DHS records.
No. E-Verify can only be used after an employee has been hired and has completed Form I-9. Using it on applicants violates the program's terms and may constitute discrimination under federal anti-discrimination law.
Yes — but only to verify work authorization, not to run a credit check or validate identity for other purposes. E-Verify matches the SSN against SSA records to confirm the number is valid and matches the name and date of birth provided.
No. Form I-9 is required for every employee hired in the United States. E-Verify is an additional step that electronically verifies the information from Form I-9 against government databases. Form I-9 is completed by the employer and employee; E-Verify is submitted by the employer to a federal system.
If E-Verify returns a Tentative Nonconfirmation (TNC), the employer must notify the employee and give them the option to contest. The employee has 10 federal government working days to contact the appropriate agency (SSA or DHS) to resolve the issue. The employer cannot terminate or take adverse action during this period.
Whether you are setting up E-Verify for the first time or managing it across multiple locations, our team can help. i9 Intelligence provides electronic I-9 software with built-in E-Verify integration, plus remote verification services for employers who need Section 2 completed by trained authorized representatives.
Phone: (713) 668-6200 (Mon–Fri, 8 AM – 5 PM CT)
Email: support@i-9intelligence.com
Submit a ticket: i-9intelligence.com/submit-a-ticket
