E-Verify and Form I-9 (2024)

FAQs

Is Form I-9 the same as E-Verify? ›

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 are the advantages of being an E-Verify employer or using an E-Verify agent? 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.

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.

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.

E-Verify requirements

All private employers must use E-Verify. All private employers must use E-Verify. For employees hired on or after July 1, 2023, private employers with 25 or more employees must use E-Verify. All state contractors and subcontractors must also use E-Verify.

Yes, if you participate in E-Verify in good standing, you are qualified to remotely examine your employee's documentation using a DHS-authorized alternative procedure at your E-Verify hiring sites.

Yes! In fact, electronic I-9's are the preferred method for this critical new hire form. Let's look at the question Can an I-9 Form Be Completed Electronically and why going electronic just makes good compliance sense.

The employer may authorize anyone (except the new hire himself) to review the I-9 form and identification documents; describe the documents on the form; and complete the Section 2 Certification. From the Form I-9 instructions: “You may designate an authorized representative to act on your behalf to complete Section 2.

The takeaway

Detractors note E-Verify isn't all roses. Using it can open business records up to government scrutiny and create burdens for administration and ongoing training, including for proper handling of sensitive employee documents.

Which states is E-Verify mandatory? ›

Currently, 22 states—Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia—require the use of E-Verify for at least some public and/or ...

Within three business days after your first day of employment, you, the employee, must present to your employer original, acceptable, and unexpired documentation that establishes your identity and employment authorization.

Failure to comply with the I-9 verification regulations could lead to penalties. An example of failing to comply includes not retaining Form I-9 for employees. The first offense's penalty may vary anywhere between $110 to $1100.

Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later.

How long does the E-Verify process take? For most employees, the process will take less than one business day to complete, once the I-9 form has been sent to Simplei9.com. How do I sign up for the E-Verify process through Simple I-9?

I-9, Employment Eligibility Verification.

Verifying employment eligibility of your new hires is now simpler than ever, with a streamlined Form I-9 and an alternative for E-Verify employers to remotely examine employees' documentation remotely, instead of in person!

E-Verify employers are required to verify all newly hired employees, both U.S. citizens and non-citizens. Employers may not verify selectively and must verify all new hires while participating in E-Verify.

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.