I-9 and E-Verify Compliance

Ensure you have the latest version of Form I-9 from the U.S. Citizenship and Immigration Services (USCIS) website.

Have the employee fill out Section 1 of Form I-9 on their first day of employment (but not before accepting a job offer).

Physically examine one document from List A or a combination of one document from List B and one from List C that the employee presents to determine if they appear to be genuine and relate to the employee.

Complete Section 2 of Form I-9 by recording the document information provided by the employee and by signing and dating the certification within three business days of the employee's first day of work.

Store completed Form I-9 securely in a manner that protects the privacy of the employee and allows for inspection by authorized government officers.

If your company is enrolled, submit the necessary employee information from Form I-9 to E-Verify, usually within three days of the employee’s first day of employment.

In case of a Tentative Nonconfirmation (TNC) from E-Verify, promptly notify the employee and take the required steps to resolve it.

Conduct regular internal audits of I-9 forms to ensure accuracy and compliance.

Reverify employee eligibility when required, for example, in case of the expiration of work authorization.

Retain Form I-9 for three years after the date of hire or one year after the date of termination, whichever is later.

You may use an electronic I-9 system, but it must meet USCIS regulations and provide for a reliable audit trail.

Do not specify which documents you will accept from the lists. This could be considered unlawful discrimination.

Protect the privacy of the information employees provide on Form I-9 and any personal information obtained via E-Verify.