Form I-9 has been the foundation of the employment eligibility verification process since 1986, when employers began verifying the employment authorization and identity of new hires under IRCA. To improve the accuracy and integrity of this process, USCIS operates an electronic employment eligibility confirmation system called E-Verify.
E-Verify is a web-based system that allows employers and other participants to confirm the eligibility of their newly hired employees to work in the U.S. by electronically matching information on the employee’s Form I-9 against records available to the Social Security Administration (SSA) and DHS. E-Verify is free and is available to participants in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Employers who participate in E-Verify must still complete a Form I-9 for each newly hired employee in the United States. E-Verify participants may accept any document or combination of documents from the Lists of Acceptable Documents on Form I-9, but if the employee chooses to present a List B and C combination, the List B (identity only) document must have a photograph. Employees must also provide their Social Security number in Section 1 of the Form I-9 if their employer is enrolled in E-Verify.
If you participate in E-Verify, after completing a Form I-9 for your new employee, you must create a case in E-Verify that includes information from Sections 1 and 2 of the employee’s Form I-9. After creating the case, you will receive a response from E-Verify regarding the employment authorization of the employee. In some cases, E-Verify will provide a response indicating a Tentative Nonconfirmation (mismatch). This does not necessarily mean the employee is unauthorized to work in the United States. Rather, it means that E-Verify is unable to immediately confirm the employee’s authorization to work in the United States. In the case of a mismatch, you must notify the employee. If the employee wishes to take action to resolve a mismatch, the employee should contact the appropriate agency (DHS and/or the SSA) within the prescribed time period stated in the Referral Date Confirmation that you will provide to the employee, and as described in the E-Verify User Manual.
When using E-Verify, participating employers must also follow certain procedures that were designed to protect employees from unfair employment actions:
- You must use E-Verify for all new hires, both U.S. citizens and noncitizens, and may not use the system selectively.
- You may not use E-Verify to prescreen applicants for employment, check employees hired before you became a participant in E-Verify (except contractors with a federal contract that requires use of E-Verify), or reverify employees who have temporary employment authorization.
- You may not terminate or take other adverse action against an employee based on a mismatch.
E-Verify strengthens the Form I-9 employment eligibility verification process that all employers, by law, must follow. By adding E-Verify to the existing Form I-9 process, participants can benefit from knowing that they have taken an additional step toward maintaining a legal workforce.
For more information about E-Verify, including enrollment, visit e-verify.gov or contact E-Verify at 888-464-4218.
Federal Contractors
On Nov. 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the Federal Acquisition Regulation (FAR) (FAR case 2007-013, Employment Eligibility Verification). The regulation requires contractors with a federal contract that contains the FAR E-Verify clause to use E-Verify for their new hires and all employees (existing and new) assigned to the contract (48 C.F.R., Subpart 22.18). Federal contracts issued on or after Sept. 8, 2009, as well as older contracts that have been modified may contain the FAR E-Verify clause.
Federal contractors who have a federal contract that contains the FAR E-Verify clause must follow special rules when completing and updating Form I-9. For more information, please see the E-Verify Supplemental Guide for Federal Contractors available at e-verify.gov.
Employers Who Use Alternative Procedures to Examine Form I-9 Documentation
The Department of Homeland Security issued a final rule, effective August 1, 2023, which allows the Secretary to authorize alternative procedures for examining the documents employees must present to complete Form I-9. On the same date through a Federal Register Notice, the Secretary made effective Optional Alternative 1 to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9). This alternative procedure allows employers who are enrolled in E-Verify and complete certain stepsto remotely examine Form I-9 documents.For more information, please see Section 4.0: Completing Section 2 of Form I-9, I-9 Central and E-Verify.gov
FAQs
No, E-Verify does not replace the legal requirement to complete and retain Form I-9. E-Verify verifies the employment authorization of new hires based on the information they provide on Form I-9.
What does the current I-9 is not eligible for verification through E-Verify mean? ›
However, the I-9 will be returned as a SSN Applied For with the status of “The current I-9 is not eligible for verification through E-Verify”. This is because the E-Verify system requires the employee's SSN in order for the employee to be verified for employment.
What is an authorized representative for I-9 verification? ›
An I-9 authorized representative is someone designated by your company who can fill out and sign Form I-9 (Employment Eligibility Verification) on your behalf. An authorized representative can be especially helpful if you can't be physically at the location where new employees are being onboarded.
What is the Form I-9 employment Eligibility Verification ________? ›
Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States.
Can employers verify I-9 remotely? ›
If you have a remote workforce, you can skip the physical examination of Form I-9 documents. Through the system, employers can: Electronically verify their employees' eligibility for employment. Confirm their new hires' identities to prevent security risks.
Which two are acceptable documents of proof for Form I-9? ›
Documents that Establish Both Identity and Employment Authorization
- U.S. Passport or U.S. Passport Card.
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551) ...
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
A case cannot be created in E-Verify without an SSN. If a newly hired employee has applied for, but has not yet received his or her SSN (e.g., the employee is a newly arrived immigrant), attach an explanation to the employee's Form I-9 and set it aside.
Why would an I-9 be denied? ›
If the documentation does not reasonably appear to be genuine or to relate to the person presenting it, you must not accept it. However, you must provide the employee with an opportunity to present other documents from the Lists of Acceptable Documents.
What happens if you don't verify an I-9? ›
Failure to comply with I-9 verification and document retention requirements could result in a penalty. Most recently, the minimum penalty for a first offense is $252 per I-9; the maximum penalty is $2,507 per I-9 for a first offense.
Can my wife be an authorized representative for I-9? ›
The authorized representative can technically be anyone, including a notary, foreman, agent, or even an employee's spouse. However, employers must keep in mind that anyone else who completes Section 2 or 3 of Form I-9 on the company's behalf must carry out full Form I-9 responsibilities.
DGS is responsible for completion and retention of Form I-9 for each individual it hires for employment. This includes citizens and non-citizens. On the form, DGS must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.
How do I get my I-9 verified? ›
The employee must present documentation to the employer establishing identity and employment authorization by choosing from the documents listed on the most current “Lists of Acceptable Documents.” The employer is obligated, after physically examining the documents presented by the employee, to complete Section 2, ...
Does E-Verify replace the I-9 form? ›
E-Verify is an internet-based system that compares information from Form I-9 to government records to confirm that an employee is authorized to work in the U.S. Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements.
Can you use E-Verify to verify employment eligibility? ›
E-Verify is an internet-based system that compares information from your Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) to confirm your identity and that you are authorized to work in the United States.
Is the Form I-9 only signed by the employer? ›
As an employer, you or your authorized representative must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of your employee (the hire date means the first day of work for pay).
Can you use E-Verify as a pre-screening tool? ›
Use E-Verify to pre-screen an applicant for employment. Specify or request which Form I-9 documentation an employee must use, except to specify that any Form I-9 List B document the employee chooses to present must contain a photo.
What can E-Verify be used for? ›
E-Verify provides an automated link to Government records to help employers confirm the employment eligibility of new hires.
Can I-9 be signed electronically? ›
Employers are permitted to utilize an electronic version of Form I-9 and obtain electronic signatures.
