The E-Verify memorandum of understanding: what employers agree to, article by article

The E-Verify memorandum of understanding (MOU) is the agreement an employer signs electronically when it enrolls in E-Verify. As of November 2026, E-Verify's enrollment process calls it the "E-Verify Terms and Conditions of the Memorandum of Understanding," and the MOU texts posted on e-verify.gov still carry a June 1, 2013 revision date. It binds the employer to the E-Verify User Manual, changes two Form I-9 practices, sets the timing and mismatch rules, bars pre-screening and selective verification, gives the employer some legal protections, and lets either side end participation.

Most people read it once, at enrollment, if at all. This page goes through what it actually says, which parts the current manual has overtaken, and the administrative questions that come up years later: where to find your copy, what happens when the signatory leaves, and how to end it cleanly. For enrolling in the first place, see E-Verify enrollment steps.

Which MOU did your company sign?

The version depends on the access method chosen at enrollment. E-Verify's MOU Templates page (last updated December 19, 2025) posts six, all dated June 1, 2013:

The employer MOU names DHS and the employer as the parties and also sets out SSA's responsibilities, which SSA accepted by separate agreement with DHS (Article VI.A). E-Verify's FAQ calls it a legally binding contract once signed. Agent arrangements are covered in E-Verify employer agents.

What does the MOU require of the employer?

Article II.A of the employer MOU has 22 numbered paragraphs. The ones that drive daily practice:

What protections does the MOU give the employer?

• A rebuttable presumption. Confirming a new hire through E-Verify procedures establishes a rebuttable presumption that you did not violate section 274A(a)(1)(A) of the Immigration and Nationality Act for that hire (Article II.A.8(a)(2)).
• Good-faith reliance. No participant is civilly or criminally liable under any law for action taken in good faith on information provided through E-Verify (Article II.A.8(a)(5)).
• A clear point for termination. After a Final Nonconfirmation, or when an employee chooses not to contest, the employer can treat the employee as not work authorized (Article II.A.13). See E-Verify Final Nonconfirmation.
• Government response times. DHS agrees to provide confirmation or a tentative nonconfirmation within three federal government work days of the initial inquiry, and a final result within 10 federal government work days of a referral unless it needs more time (Article II.D.8 and II.D.9).
• No fees. SSA and DHS charge nothing for verification (Article IV.A).

The MOU also attaches a consequence to keeping someone after a Final Nonconfirmation: you must notify DHS, and if you keep employing the person you face a rebuttable presumption that you knowingly employed an unauthorized worker (Article II.A.8(a)(3) and (4)).

What changes for federal contractors?

Article II.B adds the duties of contractors whose contracts contain the FAR E-Verify clause: follow the Supplemental Guide for Federal Contractors, verify employees assigned to the contract on the 30, 90 and 180-day timelines, never create a second case for an employee already verified, and treat MOU compliance as a performance requirement of the contract. The details are in the E-Verify federal contractor rule.

Which parts of the 2013 text has time overtaken?

The MOU says system enhancements and new procedures are covered without a new MOU (Article V.A.2), and E-Verify's FAQ says every enrolled company must comply with the current MOU, whatever version it signed. Read these passages alongside the current sources:

How do you get a copy or prove you are enrolled?

E-Verify's FAQ on copies gives the steps for a program administrator or corporate administrator who has completed the tutorial:

1. Turn off the browser's pop-up blocker.
2. Log in to E-Verify.
3. From Company Account, select Company Profile.
4. Click View Current MOU at the bottom of the screen, then view, print or save it.

Clients and contractors sometimes ask for a "wet" signature. E-Verify's FAQ says it will not allow one. You can print the MOU you signed, which carries a digital DHS signature, print your company information page as proof of enrollment, or point the requester to the E-Verify Employer Search, which lists participating employers with five or more employees. Your company ID number, four to seven digits, appears on each page of the MOU and on the Company Information page.

Who should sign, and what if the signatory leaves?

The signatory is the person with authority to bind the company. E-Verify's quick reference guide for clients says that is typically a business owner, company president, human resources director or legal counsel. The signatory and the program administrator can be the same person.

When the signatory leaves, you do not sign a new MOU: E-Verify's FAQ says the employer stays bound by the most recent MOU and User Manual. E-Verify's January 5, 2026 notice adds that the MOU signatory is automatically a point of contact who cannot be removed, though their contact details can be updated; if the signatory has left, make sure at least one active point of contact is on the account.

How does the MOU end?

1. Give 30 days' written notice. Article V.B.1 lets the employer end the MOU at any time on 30 days' prior written notice. Section 7.4 of the manual says a program administrator, corporate administrator or authorized employer representative can request it through Close Company Account in E-Verify or by email to [email protected].
2. Resolve open cases. During the 30 days you must resolve and close open cases and create no new ones.
3. Save your records first. Once the account is terminated, you lose access to it and its records. Section 7.4 says to create and keep an audit report from Section 5.0 before the account closes, and to keep E-Verify case information for as long as the related Forms I-9; see I-9 retention rules.
4. Close each account separately. A company with several E-Verify accounts must make a separate request for each one.

E-Verify can close an account in under 30 days at its discretion in listed situations, such as a company that no longer exists, duplicate accounts or a change of access method (FAQ). DHS can end participation with or without notice for legal or policy reasons, a security breach or noncompliance (Article V.B.2). E-Verify's FAQ says E-Verify does not fine employers, but can terminate participation and refer cases to investigating agencies. If a state law or federal contract requires you to participate, ending the MOU creates a separate problem; see E-Verify requirements by state.

What about mergers, and is participation public?

The employer may not assign its rights or obligations under the MOU, including through a merger or change of control, without DHS's prior written consent (Article VI.C). Raise E-Verify early in any acquisition plan; see I-9 mergers and acquisitions. Participation is not confidential: DHS or SSA may disclose it for congressional oversight, publicity, contract compliance and Freedom of Information Act requests (Article VI.E).

A yearly MOU check

• Download the current MOU and file it with your E-Verify procedures.
• Confirm the points of contact, including the signatory's, are current.
• Remove users who left or no longer need access.
• Check that both notices are displayed in English and Spanish, online for remote hires too.
• Confirm the employer category is right, especially after winning or finishing a federal contract.
• Review marketing and careers pages for any "federally approved" or logo misuse.