E-Verify photo matching: which documents trigger it, and how to complete it correctly

Photo matching is an extra step inside an E-Verify case. When the employee's Form I-9 was completed with one of four List A documents, and the document information matches DHS records, E-Verify shows you the photo on file for that document and asks whether it matches the photo on the document the employee presented. You compare photo to photo, not photo to person. If they match, the case continues; if they do not, you upload copies of the document and DHS reviews it. Everything around that comparison, from the copies you keep to what you may not ask for, is where employers go wrong.

The four documents that trigger it

E-Verify is explicit that other documents with photos, such as a driver's license, do not activate photo matching. A new hire who presents a driver's license and a Social Security card goes through E-Verify without this step. That is not a gap for you to close by asking for a passport instead.

The copies are mandatory

For most Form I-9 documents, photocopying is optional as long as you apply one policy to everyone. For these four, an E-Verify employer must copy the document and keep the copy with the employee's Form I-9. E-Verify reminded users in 2018 that the passport needs both the ID page and the barcode page, not just the photo page. A copy that cuts off the photo or the back of the card is a problem you will only discover when you need it.

Step by step

1. Complete Form I-9 as usual. In Section 2, examine the document and confirm it reasonably appears genuine and relates to the person in front of you (or on video under the DHS alternative procedure). That is the only moment the person is compared with the document.
2. Copy the document as described in the table and file the copy with the I-9.
3. Create the E-Verify case by the third business day after the start date, entering the document information exactly as it appears.
4. Compare the photos. If the document data matches DHS records, E-Verify displays a photo. Compare it with the photo on the employee's document or your copy of it.
5. Select an answer: "Yes", "No", or "No photo displayed". Choose "No photo displayed" if E-Verify shows no photo, or shows something that is not a photo.
6. If you selected No, upload copies of the front and back of the document when prompted. E-Verify accepts .jpg, .pdf or .png files no larger than 4 MB.

How to judge a match

E-Verify's standard is that the photos should be identical, with only minor variations in shading and detail from the age and wear of the document and the quality of your monitor. Some practical points from the User Manual:

• Same image, not a similar person. The E-Verify photo is the image printed on that document. Clothing, hairstyle, facial expression and background should be the same. A different photo of the same person is not a match.
• The watermark is expected. E-Verify adds a watermark to the photo it displays to prevent misuse. The photo on the employee's document will not have it, and that does not mean the document is fake.
• Do not compare to the employee. Changes in someone's appearance since the document was issued are irrelevant at this stage.
• Wear is not a mismatch. Fading, scratches or a slightly different color balance from an old card are the minor variations E-Verify describes.

What "No" sets in motion

After you upload the document copies, DHS reviews the case. The outcome is either Employment Authorized or a mismatch. A mismatch is handled like any other tentative nonconfirmation: notify the employee privately, let them decide whether to take action, and take no adverse action while it is pending. See E-Verify tentative nonconfirmation for the notice and timing rules. Do not answer No because you are unsure; look again at the document and your copy, and choose the answer that reflects what you see.

A worked example

A new hire chooses to present an Employment Authorization Document for Form I-9. The onboarding coordinator examines it in person, confirms it looks genuine and that the photo is of the person standing there, records it under List A, and copies the front and back. On day two she creates the E-Verify case. E-Verify displays a photo with a watermark across it. The coordinator lays the copy of the card next to the screen: same pose, same background, same glasses, slightly darker on the copy because the card is worn. She selects "Yes", and the case continues to a result.

Had the displayed photo shown a different pose or background, even of someone who looked like the new hire, the right answer would have been "No", followed by uploading the front and back. Had E-Verify shown a blank box, the right answer would have been "No photo displayed". In neither case should she ask the employee for a different document or pull them off the schedule; the case result decides what happens next.

What you may not do

• Steer document choice. E-Verify states that employers must not ask or require workers to present documents that activate photo matching, and that requiring a specific document violates anti-discrimination law.
• Answer Yes to keep things moving. A Yes on photos that plainly differ defeats the purpose of the step and exposes the employer if the document turns out to be fraudulent.
• Treat noncitizens differently. Two of the four trigger documents are issued only to noncitizens. Extra scrutiny, extra questions, or extra copies for those employees, beyond what E-Verify requires, is the pattern discrimination rules target.
• Use the photo for anything else. The photo E-Verify displays is for this comparison only.

Remote hires and photo matching

Under the DHS alternative procedure for remote document examination, E-Verify employers already keep copies of every document examined. Those copies do double duty: they are the record of the remote examination and the document image you compare against if photo matching runs. Make sure the copies are clear enough to compare a photo, not just to read a number. See I-9 remote verification.

Photo matching is not the same as driver's license checks

E-Verify also has a driver's license and state ID verification feature that checks the document information against records from participating state motor vehicle agencies. That is a data check on the document number, not a photo comparison. If the employee presents a license from a participating state, E-Verify asks for the document number; you still do not see or compare a photo.

Where photo matching fits in fraud prevention

Photo matching catches one specific problem: a genuine-looking card whose photo has been swapped or that was never issued with that photo. It does not catch someone presenting another person's genuine document, if the photo on that document resembles them closely enough to pass the Section 2 examination. That is why the Section 2 comparison of person to document matters, and why identity checks earlier in hiring are worth doing properly. See how to spot candidate identity fraud for the interview side of this, and I-9 List A, B and C documents for what the employee may present.

A photo matching checklist

• Employee chose their documents freely from the lists.
• For a passport, passport card, Permanent Resident Card or EAD: legible copies of both required sides kept with the I-9.
• Case created by the third business day with document details entered exactly.
• Photos compared to the document or copy, never to the person.
• Watermark on the E-Verify image ignored; minor wear allowed for.
• "No" answers followed by an upload of front and back, and any mismatch handled through the tentative nonconfirmation process.
• Same process for every employee, regardless of which trigger document they presented.