Employers participating in E-Verify must collect specific documents that establish employees' identity and employment authorization, typically those listed on the Form I-9, such as a U.S. passport, Permanent Resident Card, or Employment Authorization Document. These documents verify the employee's eligibility to work in the United States and ensure compliance with federal regulations. Accurate submission of these documents within the required timeframe helps prevent legal issues and maintain a lawful workforce.
What Documents Are Necessary for E-Verify Compliance?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-9, Employment Eligibility Verification | Form I-9, Employment Eligibility Verification, is essential for E-Verify compliance as it establishes an employee's identity and authorization to work in the United States. Employers must ensure the accurate completion and retention of Form I-9, including acceptable documents such as a U.S. passport, permanent resident card, or driver's license combined with a Social Security card, to verify eligibility. |
| 2 | U.S. Passport or Passport Card | A U.S. Passport or Passport Card serves as a List A document establishing both identity and employment authorization for E-Verify compliance. Employers must verify the authenticity of this document to confirm an employee's eligibility to work in the United States. |
| 3 | Permanent Resident Card (Form I-551) | The Permanent Resident Card (Form I-551) is a critical document for E-Verify compliance as it verifies an employee's lawful permanent resident status and eligibility to work in the United States. Employers must ensure the card is genuine and unexpired when submitting an E-Verify case to confirm the employee's authorization. |
| 4 | Employment Authorization Document (EAD, Form I-766) | The Employment Authorization Document (EAD, Form I-766) serves as a critical document for E-Verify compliance, verifying an employee's legal authorization to work in the United States. Employers must ensure the EAD is unexpired and authentic, as it establishes eligibility alongside other acceptable identity and employment eligibility documents. |
| 5 | Social Security Card | A valid Social Security Card is a crucial document for E-Verify compliance as it verifies an employee's Social Security Number (SSN), which is essential for confirming identity and employment eligibility. Employers must ensure the card is unaltered and matches the employee's information to avoid discrepancies during the E-Verify process. |
| 6 | State-issued Driver’s License | A valid state-issued driver's license is a critical document for E-Verify compliance as it serves to establish both identity and employment eligibility for new hires. Employers must ensure the driver's license is unexpired and matches the employee's information on the Form I-9 to meet E-Verify verification standards mandated by the Department of Homeland Security. |
| 7 | State-issued ID Card | A state-issued ID card is a critical document for E-Verify compliance as it serves as valid proof of identity and employment authorization. Employers must ensure the state-issued ID card is unexpired and matches the employee's other verification documents to meet E-Verify requirements. |
| 8 | Birth Certificate (certified copy) | A certified copy of a birth certificate is a crucial document for E-Verify compliance as it serves to verify an employee's identity and employment authorization in the United States. Employers must ensure the birth certificate is official, with a raised, embossed, or multicolored seal to meet E-Verify standards and support accurate record-keeping. |
| 9 | U.S. Citizen ID Card (Form I-197) | The U.S. Citizen ID Card (Form I-197) serves as an acceptable identity document for E-Verify compliance, verifying employment eligibility in the United States. Employers must retain copies of Form I-197 to meet federal requirements and ensure lawful hiring verification processes. |
| 10 | Foreign Passport with U.S. Visa and Form I-94 | Foreign Passport with a valid U.S. Visa accompanied by Form I-94 is essential for E-Verify compliance as it verifies both identity and employment authorization of non-citizen employees. These documents must be current and unexpired to meet the Department of Homeland Security requirements during the employer's verification process. |
| 11 | Native American Tribal Document | Employers participating in E-Verify must accept Native American tribal documents as valid proof of employment eligibility, such as tribal enrollment cards or certificates of Indian blood. These documents satisfy Form I-9 requirements, verifying an employee's identity and work authorization within the E-Verify system. |
| 12 | Resident Citizen ID Card (Form I-179) | The Resident Citizen ID Card (Form I-179) serves as acceptable documentation for E-Verify compliance, verifying both identity and employment authorization of resident citizens in the United States. Employers must ensure this card is unexpired and genuine when presented to satisfy Form I-9 requirements and successfully complete the E-Verify process. |
| 13 | Certification of Birth Abroad (Form FS-545, DS-1350, FS-240) | Certification of Birth Abroad documents, including Form FS-545, DS-1350, and FS-240, are essential for E-Verify compliance as they establish a lawful employee's U.S. citizenship status. Employers must retain these documents to verify identity and employment authorization under the E-Verify system, ensuring adherence to federal immigration regulations. |
| 14 | Military ID Card or Draft Record | For E-Verify compliance, a Military ID Card or Draft Record serves as acceptable List A documents verifying both identity and employment authorization. Employers must ensure these documents are unexpired and authentic to meet federal requirements under the Form I-9 process. |
Introduction to E-Verify in Employment
E-Verify is an online system that helps employers confirm the eligibility of their employees to work in the United States. It compares information from an employee's Form I-9 to government records.
- Form I-9 Completion - Employers must ensure employees complete Form I-9, verifying identity and employment authorization.
- Supporting Documents - Employees present documents such as a U.S. passport, permanent resident card, or driver's license combined with a Social Security card for verification.
- Timely Submission - Employers are required to submit the employee's information to E-Verify within three business days of hire.
Core Documents Required for E-Verify Compliance
Core documents required for E-Verify compliance include specific identity and employment eligibility verification forms. These documents ensure that employees are legally authorized to work in the United States.
The primary documents accepted are the U.S. passport or passport card, Permanent Resident Card (Form I-551), and Employment Authorization Document (Form I-766). Employers may also use a combination of documents, such as a driver's license paired with a Social Security card or a birth certificate accompanied by a photo ID. Maintaining accurate and valid records of these documents is essential to meet E-Verify requirements and avoid penalties.
Acceptable Form I-9 Identification Documents
To comply with E-Verify requirements, employers must verify the identity and employment authorization of new hires using acceptable Form I-9 identification documents. These documents establish both identity and eligibility to work in the United States.
Acceptable documents fall into three categories: List A documents prove both identity and employment authorization, while List B documents establish identity only, and List C documents demonstrate employment authorization only. Common acceptable documents include a U.S. passport, a state-issued driver's license combined with a Social Security card, or an employment authorization document issued by the Department of Homeland Security.
Recordkeeping Requirements for Employers
Employers must maintain specific records to comply with E-Verify requirements. Proper documentation supports the verification process and protects your business from potential legal issues.
- Form I-9 Retention - Employers must retain Form I-9 for all employees for three years after the date of hire or one year after employment ends, whichever is later.
- Verification Results Documentation - Employers should keep printed or electronic records of E-Verify case results as evidence of compliance.
- Employee Information Security - All employee records related to E-Verify must be stored securely to protect personal data and comply with privacy laws.
Accurate recordkeeping is essential for demonstrating adherence to E-Verify regulations during audits or investigations.
Procedures for Document Verification
E-Verify compliance requires employers to verify the identity and employment authorization of new hires by examining specific documents. Procedures for document verification involve reviewing original, unexpired documents from the List of Acceptable Documents, ensuring they appear genuine and relate to the employee. You must complete Form I-9 and submit relevant information through the E-Verify system within prescribed timeframes to maintain compliance.
Common Mistakes in Document Submission
Proper document submission is crucial for maintaining E-Verify compliance during the employment eligibility verification process. Employers must avoid common errors to prevent delays and legal complications.
- Submitting Expired Documents - Using outdated identification or work authorization documents can lead to verification failures and E-Verify non-compliance.
- Providing Incomplete Documentation - Failure to present all required documents, such as missing Social Security cards or passports, results in incomplete verification.
- Accepting Incorrect Document Combinations - Employers must ensure documents presented meet E-Verify standards, avoiding combinations that do not satisfy eligibility requirements.
Handling Tentative Nonconfirmations (TNCs)
| Topic | Details |
|---|---|
| Documents Required for E-Verify Compliance | Employers must retain copies of Form I-9 and any supporting identity and employment authorization documents. This includes documents such as a U.S. passport, Permanent Resident Card (Green Card), or Employment Authorization Document (EAD). Proper documentation ensures eligibility verification through E-Verify. |
| Handling Tentative Nonconfirmations (TNCs) | When E-Verify issues a Tentative Nonconfirmation, employers must promptly notify the employee. Employers cannot take adverse action during this period. Employees have eight federal government workdays to contest the TNC with the appropriate agency. Employers must follow E-Verify guidelines by providing the employee with the Notice of Tentative Nonconfirmation (Form TNC), assisting with the resolution process, and allowing the employee to contact the agency directly. |
| Employer Responsibilities During TNC Process | Employers must document all notifications and any employee communication regarding the TNC. The employee's work authorization must continue uninterrupted while the TNC is contested. Failure to comply with E-Verify procedures may result in penalties or fines. Employers should ensure confidentiality and avoid discrimination in TNC handling. |
| Final Actions Post-TNC Resolution | Once the employee resolves the TNC, E-Verify will issue a final confirmation. Employers must update records accordingly and maintain documentation of the resolution. If the employee does not contest or resolve the TNC, termination may be considered in compliance with federal law. |
Electronic vs. Paper Document Management
E-Verify compliance requires employers to verify the identity and employment eligibility of new hires using acceptable documents. Employers can manage these documents either electronically or in paper form, but electronic document management systems offer enhanced security, faster access, and easier audit trails. Paper document management involves physical storage and manual handling, which may increase risks of loss, damage, or non-compliance during inspections.
Auditing and Monitoring E-Verify Documentation
Maintaining thorough documentation of E-Verify compliance is essential for auditing and monitoring purposes. Employers must retain copies of Form I-9 and evidence of E-Verify case results to demonstrate adherence to federal regulations.
Regular audits of these records help identify discrepancies or errors that could lead to non-compliance penalties. Consistent monitoring ensures that all employee verification files are complete and updated according to U.S. Citizenship and Immigration Services (USCIS) guidelines.
What Documents Are Necessary for E-Verify Compliance? Infographic
