The Form I-9 and E-Verify are integral tools in the employment eligibility verification process within the United States, both essential for ensuring compliance with U.S. employment laws. While these two systems serve different roles, they work together to confirm that only legally authorized individuals are employed. Here’s a detailed breakdown of their distinct purposes, requirements, and how they complement each other:
Form I-9: Employment Eligibility Verification
Purpose: Form I-9 is required by federal law for all U.S. employers and must be completed for each new hire. It verifies an employee's identity and their legal authorization to work in the United States.
Requirement: Completing the Form I-9 is mandatory for all employers, regardless of their size or location in the U.S., to comply with federal law.
Process: Employers are required to review an employee's documents, either in person or virtually (if they are also using E-Verify), selecting from a list of acceptable documents that confirm both identity and work authorization. Employees must complete Section 1, while employers complete Section 2 (and Section 3 for re-verification or rehire, if applicable).
Storage and Access: Employers are responsible for maintaining completed Form I-9s and must present them upon request during an inspection by U.S. Immigration and Customs Enforcement (ICE). To comply, employers should follow USCIS guidelines on Form I-9 retention to ensure they are retaining the form correctly and for the appropriate duration.
Audit-Ready Solution with ZipID: ZipID ensures employers are always prepared for an audit, allowing them to download completed Form I-9s, associated documents, and a verification selfie for final completion, streamlining compliance and reducing manual errors.
E-Verify: Electronic Verification System
Purpose: E-Verify is a government-operated, internet-based system that electronically compares information from an employee's Form I-9 to government databases, verifying identity and employment authorization.
Requirement: Although E-Verify is optional for most employers, it is mandatory for federal contractors and for businesses in certain states or jurisdictions. Employers can check if they are required to use E-Verify based on their location and industry here.
Process: After completing Form I-9, employers enter the employee's information into E-Verify, which then issues results such as Employment Authorized, Tentative Nonconfirmation (TNC), or Final Nonconfirmation. A TNC indicates that further action is necessary to resolve discrepancies, requiring employer and employee collaboration to address.
Integration with Form I-9: E-Verify works alongside Form I-9, adding a secondary verification step but does not replace it. Employers using E-Verify must complete and retain the Form I-9 for each hire, as well as keep E-Verify case documentation.
For the latest data on E-Verify usage across the U.S., see E-Verify statistics here.
Relationship Between Form I-9 and E-Verify: Complementary Verification Systems
Complementary Systems: While Form I-9 is based on document review, E-Verify provides electronic verification, checking the information on the Form I-9 against federal databases to improve compliance with employment laws.
Enhanced Verification: E-Verify adds an additional layer of verification by cross-referencing Form I-9 information with federal records, offering greater assurance that employees are authorized to work legally in the U.S.
Record-Keeping Requirements: Both Form I-9 and E-Verify demand diligent record-keeping. Employers are responsible for promptly resolving any discrepancies flagged by E-Verify, such as TNCs, using Form I-9 documentation as a reference. In addition, employers using E-Verify must maintain non-discriminatory practices throughout the hiring and verification processes, a requirement essential for legal compliance.
Compliance Advantage with E-Verify: Employers who choose E-Verify benefit from a more robust verification system that reduces the risk of hiring unauthorized workers. By adhering to E-Verify’s rules, including managing TNCs and maintaining fair hiring practices, employers can mitigate risks associated with noncompliance and unauthorized employment.
Best Practices for Form I-9 and E-Verify Compliance
To ensure optimal compliance, employers are encouraged to:
Conduct Regular Internal Audits of their Form I-9s to identify and correct errors.
Provide Training for HR Staff on proper Form I-9 procedures, E-Verify usage, and anti-discrimination practices.
Address Discrepancies Promptly to avoid delays and maintain legal standards.
Implement a Comprehensive Compliance Program for Form I-9 and E-Verify to streamline the verification process.
By accurately completing Form I-9 and, when applicable, using E-Verify, employers not only protect themselves from potential civil and criminal penalties but also maintain a lawful, compliant workforce. For further guidance on Form I-9 and E-Verify, employers can consult the USCIS M-274 Handbook for Employers and additional resources on the E-Verify website.