From confusion to clarity: A deep dive into I-9 and E-Verify compliance

Navigating the switch to remote I-9 verification for new hires

Since August 1, 2023, employers have had the option to switch to fully remote I-9 verification during onboarding for new employees. No more inspecting every work authorization document in person. No more scheduling and setting up time for new hires to come into the office for onboarding.

It’s a massive time savings for employers and new hires alike.

But remote I-9 verification during onboarding means switching over to E-Verify, which comes with significant risks. If you get it wrong, you’re exposing your company to audits and Form I-9 compliance fines.

In this article, we’ll walk you through the best way to stay compliant with both your I-9 and E-Verify obligations — so you can save your team time and worry.

Ready to get started right now? WorkBright is the only onboarding platform that enables 100% virtual employee I-9 verification. Set up a demo to see it in action. 

What is E-Verify?

E-Verify is a system offered by the US government that lets you digitally verify employee work authorization documents. The E-Verify system compares information from your employees’ Form I-9 with US government records, so that you can confirm that your employees are authorized to work in the US.

Basically, E-Verify is an extension of Form I-9. The E-Verify system lets you confirm the validity of the documents your new hires give you as part of completing Form I-9. It’s a great system if you use it correctly, because it gives you the reassurance that the documents you’ve been given are valid. That way, you know that you’re compliant with Form I-9 requirements, and won’t be at risk of fines.

Learn more about the E-Verify system in our guide: What You Need To Know To Succeed With E-Verify

What is Form I-9?

Form I-9 is a form that confirms that your employees are legally allowed to work in the United States. Employers must complete a Form I-9 for every new hire within three days of their start date. Failing to complete a Form I-9, or making mistakes on the forms, can result in fines of $110-$1,100 per violation.

E-Verify is not a substitute for Form I-9. You still have to complete a Form I-9 for every new hire. E-Verify just makes it quicker and easier to validate the documents you’ve been given. It’s also essential if you want to move your onboarding procedure 100% online.

Learn more about Form I-9 compliance requirements in our guide: Everything You Need To Know About Form I-9.

What’s the difference between E-Verify and Form I-9?

E-Verify uses information from Form I-9, but they’re not interchangeable. The US Department of Homeland Security explains it in full on its website. To summarize:

• E-Verify is optional for most employers. It’s a tool to help you examine employee documentation remotely while remaining compliant.
• E-Verify is a complement to Form I-9, not a substitute. You’ll still need to complete Form I-9.
• E-Verify will require that you collect both your employee’s Social Security number and a photo ID (which aren’t required for Form I-9).

Do you have to use E-Verify for new hires?

With so many Form I-9 compliance requirements already, you might be reluctant to include E-Verify in your onboarding process and add still more compliance considerations to your growing to-do list.

However, in some cases, E-Verify is now a requirement. You have to start using E-Verify if you:

• Are employing federal employees or contractors
• Operate in Alabama, Arizona, Mississippi, or South Carolina, North Carolina (25+ employees), Tennessee (50+ employees), Utah (15+ employees), and Georgia (10+ employees)
• Are a state contractor
• Receive state grants
• Want to bid on public works projects

You’ll also need to use E-Verify if you want to hire and onboard employees remotely. It’s compulsory for employers who want to use the I-9 Alternative Procedure.

It’s also important to know that, if you use E-Verify for one new hire, you must continue to use it for all new hires on that hiring site moving forward. You can’t just try it out and then stop using it.

If you need to, you can get an E-Verify compliance statement to prove your enrolment from the official E-Verify website. Once you’ve enrolled, you just log into E-Verify, select your Company Profile, and print the page.

Get up to speed with the new Form I-9 compliance requirements with WorkBright. Our latest update includes the revised Form I-9, so you can feel confident that you’re compliant with the latest DHS and USCIS guidelines.

E-Verify compliance and I-9 compliance: best practice tips

To ensure that you maintain both I-9 and E-Verify compliance, your best bet is to create an integrated onboarding system that checks every box.

This is especially important if you’re hiring and onboarding new employees or contractors frequently. With all the fiddly admin work involved, if you don’t have a solid process in place, you’re far more likely to make small but crucial mistakes — and cost your company thousands of dollars in fines.

Here’s how to remain on the right side of the law when you start using E-Verify in your onboarding process:

1. Use onboarding software to keep you organized

Well, yes, we would say that wouldn’t we? But seriously — if you’re trying to hire and onboard employees with emails and a spreadsheet, you’re at real risk of dropping the ball.

Onboarding software creates a solid workflow with checklists that make sure you never overlook an employee document or miss an I-9 deadline. It makes it far easier to maintain perfect Form I-9 compliance. It also saves you hours of frustrating, tedious admin work, manually cross-checking data from your system to your I-9s to your E-Verify cases.

2. Integrate E-Verify into your I-9 system

When you use E-Verify, you have to enter a lot of data from your Form I-9s into the E-Verify system. If you’re doing this manually, it’s incredibly easy to introduce errors.

If you use WorkBright, you can avoid that risk completely. We’ve integrated E-Verify into the I-9 procedure, so you don’t have to enter employee information into the I-9 and then re-enter it into E-Verify. Instead, you can transfer the data from an employee’s profile into E-Verify with just one click!

Not a WorkBright user? We’d recommend you create a checklist where you confirm that you have double-checked that the employee data you copied from the I-9 is correct. Manual errors can result in substantive I-9 violations.

3. Watch out for common E-Verify mistakes

When you start using E-Verify, make sure that you:

• Include the E-Verify Case Number with your I-9 when you file it for safekeeping.
• Use E-Verify for every new hire, once you start using the new system.
• Don’t submit existing employees to the E-Verify system. It’s only for new hires.
• Add the correct hire date — and remember that you have to create an E-Verify case within three business days of the employee’s start date.
• Review the photo ID and check that the picture matches the person.
• Close your E-Verify cases after verification — it’s an obligatory part of the E-Verify process.

For more E-Verify best practice tips, check out our guide: Common E-Verify Mistakes And Best Practices

WorkBright helps you maintain E-Verify and Form I-9 compliance

WorkBright can make it far easier for your team to stay compliant with all E-Verify and the new I-9 compliance requirements.

Our automated E-Verify integration with I-9 lets you streamline the entire onboarding process, from paperwork completion to eligibility verification. We’ve been tested and certified by E-Verify, so you know you’re in safe hands.

Want to know how we can help your HR team stay compliant, avoid I-9 compliance fines, and hire faster? Set up a personalized demo today.