If photo matching is triggered, employers must confirm that the photo displayed in E-Verify is identical to the photo on the document the employee presented for Section 2 of their Form I-9.
Photo matching is triggered automatically if an employee presented:
- Permanent Resident Card (Form I-551)
- Employment Authorization Document (Form I-766) or
- U.S. Passport or
- U.S. Passport Card
Photo Matching Requirements
If an employee presents a Permanent Resident Card, Employment Authorization Document or U.S. passport or passport card as the verification document, employers must copy the front and back of the document (or in the case of a U.S. passport, copy the Passport ID page and the Passport Barcode page) and retain the copies with the employee’s Form I-9.
- If the employer indicates that the photo displayed on the E-Verify screen does not match the photo on the employee’s document, E-Verify prompts the employer to attach and submit copies of the front and back of the employee’s document electronically.
- The case will either receive an Employment Authorized result or a Tentative Nonconfirmation (TNC). If the case results in a TNC, the employer must provide the employee an opportunity to take action to resolve the TNC.
Employees have the right to present any acceptable document to complete their Form I-9, as long as the document(s) appear to be genuine and relate to the employee. Employers may not require an employee to present a specific document. Doing this violates federal laws that prohibit discrimination in the verification process.
E-Verify Monitoring and Compliance
USCIS protects E-Verify against system misuse through monitoring and compliance activities, such as identifying and resolving compliance issues, notifying employers of noncompliant behaviors, and offering compliance assistance in the form of emails, phone calls, desk reviews, and site visits. These monitoring and compliance activities assist and encourage E-Verify participants to use E-Verify as required by laws, rules, regulations and agency policies applicable to E-Verify and Form I-9, Employment Eligibility Verification.
E-Verify Monitoring and Compliance:
- Detects employer misuse.
- Identifies and deters possible discriminatory practices.
- Gives guidance on the proper use of E-Verify.
- Contacts employers about potential case processing errors.
- Conducts desk reviews and site visits to assist employers with E-Verify program compliance.
To learn more about how Form I-9 Compliance LLC can help your “compliance requirements” related to Form I-9 and E-Verify processes and procedures, please contact us directly at 866.359.4949 and schedule a call to speak to one of our I-9 experts.