Does E-Verify replace Form I-9, Employment Eligibility Verification? (2024)

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. You still must retain and store Form I-9 in either paper, electronic, or microfilm/microfiche format for as long as the employee works for you, plus the required retention period.

SeeThe Handbook for Employers: Guidance for Completing Form I-9 (M-274)for more information on retention of Form I-9.

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Does E-Verify replace Form I-9, Employment Eligibility Verification? (2024)

FAQs

Does E-Verify replace Form I-9, Employment Eligibility Verification? ›

Does E-Verify replace Form I-9, Employment Eligibility Verification? No, E-Verify does not replace the legal requirement to complete and retain Form I-9. E-Verify verifies the employment authorization

employment authorization
An individual's work authorization, or employment eligibility, refers to his or her legal right to work in the United States. U.S. citizens, born or naturalized, are always authorized to work in the United States, while foreign citizens may be authorized if they have an immigration status that allows them to work.
https://www.e-verify.gov › what-does-work-authorized-mean
of new hires based on the information they provide on Form I-9.

Can an I-9 be verified electronically? ›

Participation in E-Verify and Electronic I-9 Verifications means conducting verifications on all new employees without exceptions. Every employee must complete the Form I-9 and the Electronic I-9 Verification process within three government business days of their hire date.

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.

What form is used to verify employment eligibility? ›

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States.

What is employment eligibility verification or Form I-9? ›

The Employment Eligibility Verification (I-9) form is used to verify the employment eligibility of all persons hired on or after, November 7, 1986. The Department of General Services (DGS) should hire only United States citizens or aliens who are authorized to work in the United States.

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, ...

Is it mandatory to get an I-9 verification? ›

Federal law requires that every employer* who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Form I-9 will help you verify your employee's identity and employment authorization.

Is E-Verify still mandatory? ›

Most California employers are not required to use E-Verify. In 2012, it became unlawful in California for the state or a city, county, or special district to require an employer to use an electronic employment verification system, such as E-Verify.

What is E-Verify employment verification? ›

E-Verify is an Internet-based system that compares information entered by an employer from an employee's Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.

Why would an employer not use E-Verify? ›

False Positives and Negatives: E-Verify is not foolproof, and errors can occur. The system may sometimes flag individuals who are authorized to work (false positives) or fail to identify unauthorized workers (false negatives).

Can you get paid without an I-9? ›

The I-9 form is used to verify eligibility to work in the U.S. and does not affect payroll. The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form.

Is there a new I-9 form in 2024? ›

The purpose of Form I-9 is to verify employment eligibility in the United States. COVID-19 resulted in changes to the Form I-9 process for in-person verification. The form changed in 2024 to make it more concise and to allow employees to provide renewal receipts for some forms of identification.

What is E-Verify used for? ›

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 that you are authorized to work in the United States.

Does the Form I-9 have to be completed before or after the E-Verify case is created? ›

REMINDER. Complete Form I-9 before creating a case in E-Verify. Enter the employee's email address if provided on Form I-9 or indicate “No email address provided.” Create cases for all newly hired employees no later than the third business day after the employee's first day of employment.

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.

Do employers have to physically examine I-9 documents? ›

Employers receive at least three business days to produce the Form(s) I-9 requested in the NOI. Currently, employers who physically examine the documentation presented by new employees may choose to make and retain copies or scans of the documentation presented by employees for the purpose of completing the Form I-9.

Can I-9 be signed via DocuSign? ›

Docusign eSignature includes the 2023 I-9 template, so once the physical ID is verified in person, the employee can sign the form electronically. Digitizing onboarding steps like signing documents removes friction and frustration for new hires and even existing employees who require document reauthorization.

What documents can be used for E-Verify? ›

  • Documents that Establish Both Iden- tity and Employment Authorization. U.S. Passport or U.S. Passport Card. ...
  • Documents that Establish Identity. Driver's license or ID card issued by. a State or outlying possession of the. ...
  • Documents that Establish. Employment Authorization. A Social Security Account Number.

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