Human Resource & Labor News
www.agc.orgOctober 14, 2010 / Issue No. 5-10
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On the Inside
Labor Relations
Year-to-Date Collective Bargaining Results in Low and No Increases in Wages and Fringe Benefits
NLRB Issues Unfavorable Decisions Finding Union Bannering Lawful
Open-Shop Contractors' Applicant Referral Program Ruled Unlawful
AGC Continues to Educate Federal Agencies About the Perils of Mandating PLAs
Employment Law
Employers Using E-Verify Must Now Match Passport Photos with Government Photos
AGC Submits Comments on Affirmative Action Obligations Related to Individuals with Disabilities
HR Professional Development
Limited Space Still Available for Next Week's HR Professionals and Training & Development Conferences
AGC Debuts NEW Davis-Bacon Compliance Manual with Two-Day Compliance Webinar
Employment Law
Employers Using E-Verify Must Now Match Passport Photos with Government Photos

On September 26, 2010, The U.S. Citizenship and Immigration Services (USCIS) began requiring E-Verify-participating employers to compare the photo from U.S. passports presented during the I-9 process with the government's digitally stored photos online.  This new requirement occurred shortly after the one-year anniversary date of the same agency's rule requiring federal contractors and subcontractors to use the E-Verify system to verify their employees' authorization to work in the U.S. 

In the E-Verify system, photo matching is activated automatically if an employee has presented with his or her Form I-9 a:

  • I-551, (Permanent Resident Card)
  • Form I-766, (Employment Authorization Document), and now a
  • U.S. passport or passport card.

If no photo is available, E-Verify will automatically skip photo matching, or "No Photo on this Document" may display in place of a photo.  Other documents with photos (such as a driver's license) will not activate photo matching.

According to USCIS, if an employee presents a U.S. passport or one of the other documents listed above, the employer will be required to make a photocopy of the passport's biographic page and keep it with the employee's I-9.  If the photo screen activates during the E-Verify process, the employer will be instructed to compare the passport copy with the photo displayed in E-Verify to see if they are reasonably identical.  If the employer indicates that the photos do not match, E-Verify will return a Tentative Nonconfirmation and the employee will be given the opportunity to contest.  At that time, the employer must send a photocopy of the passport copy or document to USCIS for further analysis.

Click here for information on photo matching or download USCIS's E-Verify User Manual for Employers.
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