Employer Document Requirements for E-Verify Compliance in Workplace Policy

Last Updated May 14, 2025

Employers using E-Verify must have key documents including Form I-9, which verifies an employee's identity and employment authorization. Acceptable documents on Form I-9 include a U.S. passport, permanent resident card, or employment authorization document. Employers are also required to retain copies of these documents and maintain records according to federal guidelines for compliance and audits.

What Documents Does an Employer Need for E-Verify?

Number Name Description
1 Form I-9 Acceptable Documents Employers must collect Form I-9 acceptable documents to verify an employee's identity and employment eligibility when using E-Verify, including List A documents that establish both identity and employment authorization, or a combination of List B documents for identity and List C documents for employment authorization. Common examples include a U.S. passport or Permanent Resident Card (List A), a state-issued driver's license (List B), and a Social Security card (List C).
2 E-Verify Tentative Nonconfirmation (TNC) Employers using E-Verify must retain copies of the employee's Form I-9 and the E-Verify case details, especially when an E-Verify Tentative Nonconfirmation (TNC) occurs, to document the verification process and employee response. Records related to TNC include the Notice of Tentative Nonconfirmation, employee's decision to contest or not contest the finding, and any follow-up correspondence required by E-Verify guidelines.
3 Photo Matching Document Employers must collect documents that include photo identification to satisfy E-Verify requirements, such as a U.S. passport or a state-issued driver's license. These photo matching documents help verify the identity and employment eligibility of new hires by comparing the individual's appearance to the photo provided on the document.
4 List B Identity Documents Employers need to review List B identity documents such as a state-issued driver's license or identification card, a U.S. passport, or a school identification card with a photograph to verify an employee's identity for E-Verify. These documents must be unexpired and clearly establish the employee's identity without providing employment authorization proof, which is instead supported by documents from List A or List C.
5 List C Employment Authorization Documents Employers using E-Verify must review List C Employment Authorization Documents to verify an employee's identity and work eligibility, which includes documents like a Social Security card, a U.S. birth certificate, or a state-issued driver's license without a Social Security number. Ensuring proper documentation from List C helps maintain compliance with U.S. Citizenship and Immigration Services (USCIS) requirements and prevents unauthorized employment.
6 E-Verify Case Verification Number Employers participating in E-Verify must retain the E-Verify Case Verification Number as part of the employee's Form I-9 documentation to confirm the verification of work authorization. This unique number links the employee's identity and eligibility status within the E-Verify system, ensuring compliance with U.S. Citizenship and Immigration Services (USCIS) requirements.
7 E-Verify Receipt Rule Employers participating in E-Verify must retain a copy of the E-Verify notice and the Form I-9 used for employment eligibility verification, in compliance with the E-Verify Receipt Rule. Copies of the E-Verify verification result or case printout should be stored with the employee's Form I-9 for the duration of employment and for three years after termination.
8 E-Verify Remote Verification Employers using E-Verify for remote verification must collect and maintain copies of Form I-9 documents such as a valid passport, Permanent Resident Card, or Employment Authorization Document to confirm employees' work eligibility. Accurate digital records of these documents must be uploaded and securely stored in the E-Verify system to comply with federal regulations.
9 Self-Lock for Social Security Numbers Employers using E-Verify must collect documents that establish both identity and employment eligibility, such as a U.S. passport or a combination of a driver's license and Social Security card, while implementing Self-Lock features to securely protect Social Security Numbers from unauthorized access. Ensuring compliance with E-Verify guidelines while utilizing Self-Lock technology enhances data security and reduces risks of identity theft in the employment verification process.
10 E-Verify Future Hire Document Processing Employers must collect and verify a valid Form I-9 from future hires, ensuring documents such as a Social Security card, U.S. passport, or Employment Authorization Document meet E-Verify requirements. Accurate submission of these documents within E-Verify's system is essential for compliance with federal immigration laws and timely employment authorization confirmation.

Overview of E-Verify and Its Importance in Employment Policy

E-Verify is an online system that allows employers to confirm the eligibility of their employees to work in the United States. This verification process helps prevent unauthorized employment and ensures compliance with federal immigration laws. Employers must collect specific documents from employees, such as a valid passport or an Employment Authorization Document, to complete E-Verify verification successfully.

Key Employer Responsibilities Under E-Verify Regulations

Employers participating in E-Verify must retain specific documentation to comply with federal regulations. Essential documents include Form I-9, the employee's Employment Eligibility Verification, and any receipts or correspondence related to the E-Verify process.

Employers are responsible for maintaining copies of the I-9 forms for all employees for a minimum of three years after the date of hire or one year after employment ends, whichever is later. Records must be available for government inspection to ensure compliance with E-Verify requirements.

Required Employee Documents for E-Verify Verification

Document Category Examples of Acceptable Documents Description
List A Documents U.S. Passport, Permanent Resident Card, Employment Authorization Document These documents establish both identity and employment authorization.
List B Documents Driver's License, State ID Card, School ID with a photo These documents establish identity only.
List C Documents Social Security Card, Birth Certificate, Certification of Birth Abroad These documents establish employment authorization only.

To complete your E-Verify verification, your employee must present one document from List A or a combination of one document from List B and one from List C. These documents verify both identity and eligibility to work in the United States.

Document Retention Guidelines for E-Verify Compliance

Employers participating in E-Verify must retain specific documents to ensure compliance with federal regulations. These documents include Form I-9 and the E-Verify case results associated with each employee.

Retention guidelines require employers to keep Form I-9 and E-Verify records for at least three years after the date of hire or one year after employment ends, whichever is later. Proper document retention helps prevent legal issues and supports verification audits. You should establish a secure system to store and manage these records consistently.

Recordkeeping Best Practices for E-Verify Documentation

Employers using E-Verify must maintain accurate and complete documentation to comply with federal regulations. Proper recordkeeping supports verification processes and protects your organization during audits.

  • Retention Period - Keep E-Verify case records for at least three years after the employee's hire date or one year after employment ends, whichever is longer.
  • Documentation Types - Retain copies of Form I-9, E-Verify case results, and any related correspondence for thorough verification evidence.
  • Secure Storage - Store E-Verify documents in a secure, organized manner to ensure confidentiality and ease of retrieval during inspections.

Acceptable Forms of Identification in E-Verify Procedures

E-Verify requires employers to verify the identity and employment eligibility of new employees using specific acceptable documents. These documents prove both identity and authorization to work in the United States.

  1. List A Documents - These establish both identity and employment authorization, such as a U.S. Passport or Permanent Resident Card.
  2. List B Documents - Documents like a Driver's License or State ID card confirm only identity.
  3. List C Documents - Documents such as a Social Security card establish employment authorization but not identity.

Notification and Consent Requirements for Employees

Employers using E-Verify must provide written notice to employees about the program's use and purpose. Employees must give consent before their information is submitted to E-Verify, ensuring voluntary participation. Employers are required to maintain documentation of employee notifications and consent forms for compliance verification.

Handling Non-Confirmations and E-Verify Discrepancies

Employers using E-Verify must retain copies of employees' Form I-9 and E-Verify case details to address non-confirmations effectively. These documents are essential for resolving discrepancies and verifying work authorization status promptly.

When E-Verify issues a tentative non-confirmation, employers must notify the employee and provide the Referral Date Confirmation Notice. Proper documentation ensures compliance with legal requirements while allowing the employee to contest or correct errors.

Training Staff on Employer E-Verify Document Policies

Employers must train their staff thoroughly on E-Verify document policies to ensure compliance with federal regulations. Proper training minimizes errors during the verification process and safeguards against unauthorized employment.

  • Understand Required Documents - Staff must be able to recognize acceptable documents listed by the U.S. Citizenship and Immigration Services for E-Verify submissions.
  • Verify Document Authenticity - Training should focus on identifying genuine documents to prevent fraud and maintain the integrity of the verification process.
  • Follow Privacy Guidelines - Employees handling E-Verify data need instruction on protecting sensitive information according to legal standards.

Consistent staff education on E-Verify document policies strengthens compliance and supports lawful hiring practices.

What Documents Does an Employer Need for E-Verify? Infographic

Employer Document Requirements for E-Verify Compliance in Workplace Policy


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The information provided in this document is for general informational purposes only and is not guaranteed to be complete. While we strive to ensure the accuracy of the content, we cannot guarantee that the details mentioned are up-to-date or applicable to all scenarios. Topics about What Documents Does an Employer Need for E-Verify? are subject to change from time to time.

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