Photo matching is an additional step that prompts employers to compare an employee’s photo ID with a photo displayed in E-Verify. Photo matching only occurs when the employee chooses to present any of the following:
A Permanent Resident Card (Form I-551)
Employment Authorization Document (Form I-766)
A valid U.S. Passport or U.S. Passport Card
Note: If the employee presents one of these documents, the employer MUST copy the document and retain it with Form I-9.
Employers may NOT require an employee to present any specific document from the list above to enable use of the photo matching. Employers MUST accept the documents the employee chooses to present as long as they appear to be genuine and relate to the person presenting them. Otherwise, employers may violate federal law prohibiting discrimination in the verification process.
If the photo displayed does not match the photo on the employee's document, the employee will receive a "DHS Tentative Nonconfirmation" (TNC) and must be given the opportunity to correct the problem. If the employee chooses to contest the TNC, the employer must either attach and electronically submit a copy of the employee's photo document or mail a copy to the DHS via express mail at the employer's expense.
Note: Do not compare the photo displayed by E-Verify to the employee directly. Direct comparison between the document and the individual should have occurred during Form I-9 completion, prior to creating a case using E-Verify.
Page 13 of 23 |