I-9 vs E-Verify
The I-9 is the form every employer must complete. E-Verify is a separate electronic check that uses it.
Many people use the words I-9 and E-Verify as if they mean the same thing. They do not. They are two separate things that work together. Knowing the difference helps you stay on the right side of the rules. This page lays out how the Form I-9 and E-Verify relate, and clears up the most common mix-ups.
The short version
What the Form I-9 is
The Form I-9 verifies a worker's identity and permission to work in the United States. It is a paper or electronic form. Every U.S. employer must complete one for every employee, whether the person is a citizen or a noncitizen. This is true no matter how big the company is and whether the job is full time, part time, or temporary.
The I-9 has two main parts. The employee fills out Section 1 by the end of their first day of work. The employer fills out Section 2 within three business days of the start date, after looking at the worker's documents. The I-9 is required by federal law, and there is no opting out of it. There are only narrow exceptions, such as independent contractors and casual domestic workers.
The worker chooses which documents to show from the official lists. The employer must accept any valid documents and may not demand a certain one. The form is the same for citizens and noncitizens. In short, the I-9 is the base step that every workplace shares.
What E-Verify is
E-Verify is a free federal web system. It takes the data from a completed I-9 and checks it against government records to confirm that the worker can work in the United States. For most employers, E-Verify is voluntary at the federal level. Some employers, though, are required to use it.
So the I-9 is the form, and E-Verify is a check built on top of that form. You cannot run E-Verify without a finished I-9. The form always comes first. When the system cannot confirm a worker, it issues a Tentative Nonconfirmation, and the worker has the right to resolve it.
E-Verify also opens one more option for the I-9. Employers who take part in E-Verify in good standing may check documents over live video using the federal remote option. Employers who do not use E-Verify must check documents in person. So joining E-Verify can change how you handle the I-9 too.
I-9 vs E-Verify side by side
Common points of confusion
Here are the mix-ups we see most often.
- Thinking E-Verify replaces the I-9. It does not. Even if you use E-Verify, you must still complete and keep a Form I-9 for every employee.
- Thinking the I-9 is optional. It is not. The I-9 is required by law for every employer.
- Thinking everyone must use E-Verify. Not so. For most employers E-Verify is voluntary at the federal level, though some employers must use it.
- Thinking you can run E-Verify first. You cannot. The I-9 must be completed before you enter its data into E-Verify.
- Thinking E-Verify lets you skip keeping the I-9. It does not. You still must store each I-9 under the normal rules.
These mix-ups can lead to real mistakes. An employer who skips the I-9 because it uses E-Verify is still breaking the law. A worker who hears that E-Verify replaces the form may be confused about what to sign. Getting the basics straight protects everyone.
Who has to use E-Verify
While the I-9 applies to all employers, E-Verify applies only to some. Many federal contractors must use it under the terms of their contracts. A growing list of states also require it for some or all employers. To learn the details, read what is E-Verify. If you are not sure whether your business must use it, check your state's current rule and, for your specific situation, consult an immigration attorney.
What to do next
Start with the form that applies to everyone. Make sure you know how to fill it out correctly and on time. Read our step by step guide on how to complete Form I-9. Then, if E-Verify applies to you, you will have the clean I-9 data the system needs to do its check. If you are not sure whether E-Verify is required for your business, check your state's current rule and look at the federal rules on uscis.gov. For your specific situation, consult an immigration attorney. With a solid I-9 process in place, adding the E-Verify step, when it applies, becomes much easier.
Frequently asked questions
The I-9 is the form every employer must complete for every employee. E-Verify is an extra electronic check that takes the I-9 data and compares it against government records. The I-9 is required by law for all employers. E-Verify is voluntary federally but required for some.
No. E-Verify never replaces the I-9. Even employers who use E-Verify must still complete and keep a Form I-9 for every employee.
No. For most employers E-Verify is voluntary at the federal level. Many federal contractors must use it, and a growing list of states require it. Check your state's current rule.
No. The I-9 must be completed first. E-Verify uses the data from the finished form, so the form always comes before the check.