Employer MOU

Company ID Number:

THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between
the Department of Homeland Security (DHS) and _
(Employer) regarding the Employer's participation in the Employment Eligibility
Verification Program (E-Verify). This MOU explains certain features of the E-Verify
program and enumerates specific responsibilities of DHS, the Social Security
Administration (SSA), and the Employer. E-Verify is a program that electronically
confirms an employee’s eligibility to work in the United States after completion of the
Employment Eligibility Verification Form (Form I-9). For covered government contractors,
E-Verify is used to verify the employment eligibility of all newly hired employees and all
existing employees assigned to Federal contracts or to verify the entire workforce if the
contractor so chooses.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208,
110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify
program by Federal contractors and subcontractors covered by the terms of Subpart
22.18, “Employment Eligibility Verification”, of the Federal Acquisition Regulation (FAR)
(hereinafter referred to in this MOU as a “Federal contractor with the FAR E-Verify
clause”) to verify the employment eligibility of certain employees working on Federal
contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the
Employer to confirm the accuracy of Social Security Numbers provided by all employees
verified under this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program.
SSA agrees to provide the Employer with names, titles, addresses, and telephone
numbers of SSA representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the EVerify program procedures, and to limit access to such information, as is appropriate by
law, to individuals responsible for the verification of Social Security Numbers and for
evaluation of the E-Verify program or such other persons or entities who may be
authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security
Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).

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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or
tentative nonconfirmation of U.S. citizens’ employment eligibility within 3 Federal
Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative
nonconfirmations that is designed to provide final confirmation or nonconfirmation of
U.S. citizens’ employment eligibility and accuracy of SSA records for both citizens and
non-citizens within 10 Federal Government work days of the date of referral to SSA,
unless SSA determines that more than 10 days may be necessary. In such cases, SSA
will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS
agrees to provide the Employer access to selected data from DHS's database to enable
the Employer to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program.
DHS agrees to provide the Employer names, titles, addresses, and telephone numbers
of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to make available to the Employer at the E-Verify Web site and on the EVerify Web browser, instructional materials on E-Verify policies, procedures and
requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS
agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer antidiscrimination notices issued by the Office of Special Counsel for Immigration-Related
Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to
limit access to such information to individuals responsible for the verification of
employees’ employment eligibility and for evaluation of the E-Verify program, or to such
other persons or entities as may be authorized by applicable law. Information will be
used only to verify the accuracy of Social Security Numbers and employment eligibility,
to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to
administer Federal contracting requirements.

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7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
nonconfirmation of employees' employment eligibility within 3 Federal Government work
days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative
nonconfirmations and photo non-match tentative nonconfirmations that is designed to
provide final confirmation or nonconfirmation of the employees' employment eligibility
within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide
additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that
is clearly visible to prospective employees and all employees who are to be verified
through the system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses,
and telephone numbers of the Employer representatives to be contacted regarding EVerify.
3. The Employer agrees to become familiar with and comply with the most recent
version of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of EVerify.
B. Failure to complete a refresher tutorial will prevent the Employer from
continued use of the program.
5. The Employer agrees to comply with current Form I-9 procedures, with two
exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to
only accept "List B" documents that contain a photo. (List B documents identified in 8
C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish
identity.) If an employee objects to the photo requirement for religious reasons, the
Employer should contact E-Verify at 888-464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form
I-766 (Employment Authorization Document) to complete the Form I-9, the
Employer agrees to make a photocopy of the document and to retain the
photocopy with the employee’s Form I-9. The photocopy must be of sufficient
quality to allow for verification of the photo and written information. The employer
will use the photocopy to verify the photo and to assist DHS with its review of
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photo non-matches that are contested by employees. Note that employees retain
the right to present any List A, or List B and List C, documentation to complete
the Form I-9. DHS may in the future designate other documents that activate the
photo screening tool.
6. The Employer understands that participation in E-Verify does not exempt the
Employer from the responsibility to complete, retain, and make available for inspection
Forms I-9 that relate to its employees, or from other requirements of applicable
regulations or laws, including the obligation to comply with the antidiscrimination
requirements of section 274B of the INA with respect to Form I-9 procedures, except for
the following modified requirements applicable by reason of the Employer's participation
in E-Verify: (1) identity documents must have photos, as described in paragraph 5
above; (2) a rebuttable presumption is established that the Employer has not violated
section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the
hiring of any individual if it obtains confirmation of the identity and employment eligibility
of the individual in good faith compliance with the terms and conditions of E-Verify; (3)
the Employer must notify DHS if it continues to employ any employee after receiving a
final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100
for each failure to notify DHS of continued employment following a final nonconfirmation;
(4) the Employer is subject to a rebuttable presumption that it has knowingly employed
an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to
employ an employee after receiving a final nonconfirmation; and (5) no person or entity
participating in E-Verify is civilly or criminally liable under any law for any action taken in
good faith based on information provided through the confirmation system. DHS
reserves the right to conduct Form I-9 and E-Verify system compliance inspections
during the course of E-Verify, as well as to conduct any other enforcement activity
authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after the
Form I-9 has been completed), and to complete as many (but only as many) steps of the
E-Verify process as are necessary according to the E-Verify User Manual, or in the case
of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for
Federal Contractors. The Employer is prohibited from initiating verification procedures
before the employee has been hired and the Form I-9 completed. If the automated
system to be queried is temporarily unavailable, the 3-day time period is extended until it
is again operational in order to accommodate the Employer's attempting, in good faith, to
make inquiries during the period of unavailability. Employers may initiate verification by
notating the Form I-9 in circumstances where the employee has applied for a Social
Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that
the Employer performs an E-Verify employment verification query using the employee’s
SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article
II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will
not verify employees hired before the effective date of this MOU. The Employer
understands that if the Employer uses the E-Verify system for any purpose other than as

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authorized by this MOU, the Employer may be subject to appropriate legal action and
termination of its access to SSA and DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below)
regarding tentative nonconfirmations, including notifying employees in private of the
finding and providing them written notice of the findings, providing written referral
instructions to employees, allowing employees to contest the finding, and not taking
adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the
Employer is required to take affirmative steps (see Article III.B. below) to contact DHS
with information necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based
upon the employee's perceived employment eligibility status while SSA or DHS is
processing the verification request unless the Employer obtains knowledge (as defined
in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer
understands that an initial inability of the SSA or DHS automated verification system to
verify work authorization, a tentative nonconfirmation, a case in continuance (indicating
the need for additional time for the government to resolve a case), or the finding of a
photo non-match, does not establish, and should not be interpreted as evidence, that the
employee is not work authorized. In any of the cases listed above, the employee must
be provided a full and fair opportunity to contest the finding, and if he or she does so, the
employee may not be terminated or suffer any adverse employment consequences
based upon the employee’s perceived employment eligibility status (including denying,
reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, refusing to assign the employee to a Federal
contract or other assignment, or otherwise subjecting an employee to any assumption
that he or she is unauthorized to work) until and unless secondary verification by SSA or
DHS has been completed and a final nonconfirmation has been issued. If the employee
does not choose to contest a tentative nonconfirmation or a photo non-match or if a
secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s
employment. Employers or employees with questions about a final nonconfirmation may
call E-Verify at 1-888-464-4218 or OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and
section 274B of the INA, as applicable, by not discriminating unlawfully against any
individual in hiring, firing, or recruitment or referral practices because of his or her
national origin or, in the case of a protected individual as defined in section 274B(a)(3) of
the INA, because of his or her citizenship status. The Employer understands that such
illegal practices can include selective verification or use of E-Verify except as provided in
part D below, or discharging or refusing to hire employees because they appear or
sound “foreign” or have received tentative nonconfirmations. The Employer further
understands that any violation of the unfair immigration-related employment practices
provisions in section 274B of the INA could subject the Employer to civil penalties, back
pay awards, and other sanctions, and violations of Title VII could subject the Employer to
back pay awards, compensatory and punitive damages. Violations of either section 274B
of the INA or Title VII may also lead to the termination of its participation in E-Verify. If
the Employer has any questions relating to the anti-discrimination provision, it should
contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

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12. The Employer agrees to record the case verification number on the employee's Form
I-9 or to print the screen containing the case verification number and attach it to the
employee's Form I-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of
employees as authorized by this MOU. The Employer agrees that it will safeguard this
information, and means of access to it (such as PINS and passwords) to ensure that it is
not used for any other purpose and as necessary to protect its confidentiality, including
ensuring that it is not disseminated to any person other than employees of the Employer
who are authorized to perform the Employer's responsibilities under this MOU, except for
such dissemination as may be authorized in advance by SSA or DHS for legitimate
purposes.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act
(42 U.S.C. 1306(a)), and that any person who obtains this information under false
pretenses or uses it for any purpose other than as provided for in this MOU may be
subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance
monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon
reasonable notice, to review Forms I-9 and other employment records and to interview it
and its employees regarding the Employer’s use of E-Verify, and to respond in a timely
and accurate manner to DHS requests for information relating to their participation in EVerify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY
CLAUSE
1. The Employer understands that if it is a subject to the employment verification
terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any
existing employee assigned to the contract and all new hires, as discussed in the
Supplemental Guide for Federal Contractors. Once an employee has been verified
through E-Verify by the Employer, the Employer may not reverify the employee through
E-Verify.
a. Federal contractors with the FAR E-Verify clause agree to become familiar
with and comply with the most recent versions of the E-Verify User Manual for Federal
Contractors and the E-Verify Supplemental Guide for Federal Contractors.
b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial
for Federal contractors with the FAR E-Verify clause.
c. Federal contractors with the FAR E-Verify clause not enrolled at the time of
contract award: An Employer that is not enrolled in E-Verify at the time of a contract
award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within
30 calendar days of contract award and, within 90 days of enrollment, begin to use EVerify to initiate verification of employment eligibility of new hires of the Employer who
are working in the United States, whether or not assigned to the contract. Once the
Employer begins verifying new hires, such verification of new hires must be initiated
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within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor with the FAR E-Verify clause, the Employer must initiate verification of
employees assigned to the contract within 90 calendar days from the time of enrollment
in the system and after the date and selecting which employees will be verified in EVerify or within 30 days of an employee’s assignment to the contract, whichever date is
later.
d. Employers that are already enrolled in E-Verify at the time of a contract award
but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause:
Employers enrolled in E-Verify for 90 days or more at the time of a contract award must
use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire. Employers enrolled in E-Verify as other than a
Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that
they are a Federal contractor with the FAR E-Verify clause within 30 days after
assignment to the contract. If the Employer is enrolled in E-Verify for 90 calendar days or
less at the time of contract award, the Employer must, within 90 days of enrollment,
begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate
verification of each employee assigned to the contract within 90 calendar days after date
of contract award or within 30 days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, local and tribal governments and
sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher
education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of
Federally recognized Indian tribes, or sureties performing under a takeover agreement
entered into with a Federal agency pursuant to a performance bond may choose to only
verify new and existing employees assigned to the Federal contract. Such Federal
contractors with the FAR E-Verify clause may, however, elect to verify all new hires,
and/or all existing employees hired after November 6, 1986. The provisions of Article
II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment
verification of employees assigned to a contract apply to such institutions of higher
education, State, local and tribal governments, and sureties.
f. Verification of all employees: Upon enrollment, Employers who are Federal
contractors with the FAR E-Verify clause may elect to verify employment eligibility of all
existing employees working in the United States who were hired after November 6,
1986, instead of verifying only new employees and those existing employees assigned
to a covered Federal contract. After enrollment, Employers must elect to do so only in
the manner designated by DHS and initiate E-Verify verification of all existing employees
within 180 days after the election.
g. Form I-9 procedures for existing employees of Federal contractors with the
FAR E-Verify clause: Federal contractors with the FAR E-Verify clause may choose to
complete new Forms I-9 for all existing employees other than those that are completely
exempt from this process. Federal contractors with the FAR E-Verify clause may also
update previously completed Forms I-9 to initiate E-Verify verification of existing
employees who are not completely exempt as long as that Form I-9 is complete
(including the SSN), complies with Article II.C.5, the employee’s work authorization has
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not expired, and the Employer has reviewed the information reflected in the Form I-9
either in person or in communications with the employee to ensure that the employee’s
stated basis in section 1 of the Form I-9 for work authorization has not changed
(including, but not limited to, a lawful permanent resident alien having become a
naturalized U.S. citizen). If the Employer is unable to determine that the Form I-9
complies with Article II.C.5, if the employee’s basis for work authorization as attested in
section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise
incomplete, the Employer shall complete a new I-9 consistent with Article II.C.5, or
update the previous I-9 to provide the necessary information. If section 1 of the Form I-9
is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but
reflects documentation (such as a U.S. passport or Form I-551) that expired subsequent
to completion of the Form I-9, the Employer shall not require the production of additional
documentation, or use the photo screening tool described in Article II.C.5, subject to any
additional or superseding instructions that may be provided on this subject in the
Supplemental Guide for Federal Contractors. Nothing in this section shall be construed
to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize
verification of any existing employee by any Employer that is not a Federal contractor
with the FAR E-Verify clause.
2. The Employer understands that if it is a Federal contractor with the FAR E-Verify
clause, its compliance with this MOU is a performance requirement under the terms of
the Federal contract or subcontract, and the Employer consents to the release of
information relating to compliance with its verification responsibilities under this MOU to
contracting officers or other officials authorized to review the Employer’s compliance
with Federal contracting requirements.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer
must print the notice as directed by the E-Verify system and provide it to the employee
so that the employee may determine whether he or she will contest the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the
employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer
records the case verification number, reviews the input to detect any transaction errors,
and determines that the employee contests the tentative nonconfirmation. The Employer
will transmit the Social Security Number to SSA for verification again if this review
indicates a need to do so. The Employer will determine whether the employee contests
the tentative nonconfirmation as soon as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system-generated referral letter and instruct the employee to visit
an SSA office within 8 Federal Government work days. SSA will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the
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referral unless it determines that more than 10 days is necessary. The Employer agrees
to check the E-Verify system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social
Security Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer
must print the tentative nonconfirmation notice as directed by the E-Verify system and
provide it to the employee so that the employee may determine whether he or she will
contest the tentative nonconfirmation. The Employer must review the tentative
nonconfirmation with the employee in private.
2. If the Employer finds a photo non-match for an employee who provides a document
for which the automated system has transmitted a photo, the employer must print the
photo non-match tentative nonconfirmation notice as directed by the automated system
and provide it to the employee so that the employee may determine whether he or she
will contest the finding. The Employer must review the tentative nonconfirmation with the
employee in private.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or
when the Employer issues a tentative nonconfirmation based upon a photo non-match.
The Employer will determine whether the employee contests the tentative
nonconfirmation as soon as possible after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS
through its toll-free hotline (as found on the referral letter) within 8 Federal Government
work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match,
the Employer will provide the employee with a referral letter to DHS. DHS will
electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is
necessary. The Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee’s Form I-551 or
Form I-766 to DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express mail account (paid for at
employer expense).
7. If the Employer determines that there is a photo non-match when comparing the
photocopied List B document described in Article II.C.5 with the image generated in EVerify, the Employer must forward the employee’s documentation to DHS using one of
the means described in the preceding paragraph, and allow DHS to resolve the case.
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ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this
MOU. The Employer is responsible for providing equipment needed to make inquiries.
To access E-Verify, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for
as long as the SSA and DHS conduct the E-Verify program unless modified in writing by
the mutual consent of all parties, or terminated by any party upon 30 days prior written
notice to the others. Any and all system enhancements to the E-Verify program by DHS
or SSA, including but not limited to the E-Verify checking against additional data sources
and instituting new verification procedures, will be covered under this MOU and will not
cause the need for a supplemental MOU that outlines these changes. DHS agrees to
train employers on all changes made to E-Verify through the use of mandatory refresher
tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal
Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without
changes to E-Verify, DHS reserves the right to require employers to take mandatory
refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause
may terminate this MOU when the Federal contract that requires its participation in EVerify is terminated or completed. In such a circumstance, the Federal contractor with
the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a
Federal contractor with the FAR E-Verify clause fails to provide such notice, that
Employer will remain a participant in the E-Verify program, will remain bound by the
terms of this MOU that apply to participants that are not Federal contractors with the
FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the
employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if
deemed necessary because of the requirements of law or policy, or upon a
determination by SSA or DHS that there has been a breach of system integrity or
security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. The Employer understands that if it is a
Federal contractor with the FAR E-Verify clause, termination of this MOU by any party
for any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each
other as they may determine necessary. By separate agreement with DHS, SSA has
agreed to perform its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or
benefit, substantive or procedural, enforceable at law by any third party against the
United States, its agencies, officers, or employees, or against the Employer, its agents,
officers, or employees.

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Company ID Number:

E. Each party shall be solely responsible for defending any claim or action against it
arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any
liability wherefrom, including (but not limited to) any dispute between the Employer and
any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any
action taken or allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not
confidential information and may be disclosed as authorized or required by law and DHS
or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity
and media inquiries, determinations of compliance with Federal contractual
requirements, and responses to inquiries under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant in E-Verify, you should only sign the Employer’s
Section of the signature page. If you have any questions, contact E-Verify at 888464-4218.
Employer
Name (Please Type or Print)

Title

Signature

Date

Department of Homeland Security – Verification Division
Name (Please Type or Print)

Title

Signature

Date

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Company ID Number:

Information Required for the E-Verify Program
Information relating to your Company:
Company Name:

Company Facility Address:

Company Alternate
Address:

County or Parish:

Employer Identification
Number:
North American Industry
Classification Systems
Code:

Administrator:

Number of Employees:

Number of Sites Verified
for:

Are you verifying for more than 1 site? If yes, please provide the number of sites verified for
in each State:
State
Number of sites Site(s)

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Company ID Number:

Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:

Name:

Telephone Number:

Fax Number:

E-mail Address:

Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:

Name:

Telephone Number:

Fax Number:

E-mail Address:

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