Employers often treat E-Verify and Form I-9 as one thing. They are related, but separate.
Every U.S. employer must complete Form I-9 for each new hire. E-Verify is an online system that checks the I-9 information against government records.
Who must use E-Verify
For most private employers, E-Verify is voluntary. It becomes required in some situations:
- Federal contracts that include the E-Verify clause.
- State laws that require some or all employers in that state to use it.
- Employers that sign up voluntarily, which then agree to its rules for every new hire at the enrolled sites.
Enrolling is a commitment. An employer that joins must follow the memorandum of understanding it signs, including the notices it must post.
When and how a case is created
Complete Form I-9 first. Then create the E-Verify case no later than the third business day after the employee starts work for pay.
When E-Verify cannot confirm the information right away, it issues a tentative nonconfirmation. The employee decides whether to take action to resolve it, and the employer must give them the notice and the time the rules allow.
What an employer may not do
- Use E-Verify to screen applicants before a job offer.
- Run it only on employees who seem foreign, or only on some new hires at an enrolled site.
- Take adverse action, such as suspending or firing, while a mismatch is being resolved.
- Run cases on existing employees, except as a federal contract clause requires or allows.
Mistakes here can be treated as discrimination as well as a compliance problem. Train the people who run cases, and keep the training records.
Sources
Published Jan. 13, 2026.