E-Verify utilizes Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to verify an individual employee's eligibility for employment.

Participation in E-Verify is not mandatory except for federal contractors.  If you do decide to participate in E-Verify you will be required to sign a 13 page legal document called a Memorandum of Understanding (MOU).  Before signing this document you should seek legal counsel.  There are several provisions in the document that should be of concern to any employer.  These provision have to do with investigation and enforcement.

• If you sign the MOU you agree that the DHS can inspect your place of business without notice, and.

• DHS can inspect any employment records they choose to inspect.

In contrast, ICE must give an employer who does not participate in E-Verify three days warning before inspecting their records, and the inspection is limited to I-9 records and related documents.