Form I-9 and E-verify

What It Means to Verify a Form I-9 Online

Written by Michael Klazema | Jun 26, 2024 8:40:58 AM

Can you verify a Form I-9 online? The purpose of the I-9 is to provide a record of an employer’s efforts to confirm employment eligibility. Employing non-eligible individuals can invite intense regulatory scrutiny and potentially heavy fines. As part of the I-9 process, examining the documents a new hire provides is advisable. You only have to determine that they reasonably appear to be genuine. Can you go further than that?

With the E-Verify system, the answer is yes—you can add another layer of confidence to your process. While some states require E-Verify for all employers, it is still a voluntary program in most of the USA. E-Verify can help you confirm that the information provided to you is, in the government’s words, “true and accurate.” A completed E-Verify case offers an affirmative defense in case of problems with a future I-9 audit.

In the future, the government will roll out the E-Verify+ service to combine the I-9 and verification processes. This implementation will make due diligence even simpler. For now, these efforts remain separate. Learn why using this service is prudent and how to do so effectively.

Why Use E-Verify?

E-Verify is a digital tool operated by the United States government to support the employment eligibility verification process. It does not replace the Form I-9, which all companies must still complete for every employee. The program aims to provide an additional verification level to confirm someone’s status.

When you validate an employee through E-Verify, the system compares information about the documents your employee provided to information in government databases. This corroboration includes records accessible to the Social Security Administration (SSA) and the US Department of Homeland Security (DHS). E-Verify can alert you to potential mismatches or a proven discrepancy between records on an I-9 and what the government knows. E-Verify can also help give you the green light to conclude the part of onboarding involving the I-9 when it detects no issues.

How Do You Get Registered to Use E-Verify?

Enrollment in E-Verify is easy, putting you one step closer to using this reliable tool. Registration takes place online and is simple enough to complete in one sitting. You will need to answer several questions about your business and provide additional information. Some of this information includes:

  • The legal name of your company
  • Your Employer Identification Number (EIN)
  • How many employees you have, and how many hiring sites will use E-Verify
  • The physical address of the site where you will utilize E-Verify

A complete enrollment checklist is available on the I-9 website. You will set up an initial account and determine who can access the account. Remember, you can designate an agent or “authorized representative” to process cases for your business. Provide information about your company and confirm whether or not you are a federal contractor.

After detailing the hiring sites that will use E-Verify, you can also enroll those who will administer your program. You must then agree and sign the E-Verify Memorandum of Understanding. Upon completion, you can submit your enrollment. E-Verify will contact your business soon after to confirm the completion of your enrollment and your transition to active status in the program.

How Do You Manage Cases in E-Verify?

Conducting an online I-9 verification is straightforward. First, you must still meet your initial obligation to complete Form I-9 with your employee within three days of their hire date. Once you have their information, you can begin an E-Verify case on that person. Note that the three-day time limit should also apply when using E-Verify.

Using the website, you will create a new case. Enter all the employee information from the I-9 into the system, then submit. E-Verify will provide you with an initial decision on the case within moments. “Employment Authorized” means the documents match what the government has. You can close the case and proceed.

E-Verify may also indicate that additional time may be necessary. This delay can occur when your case requires a manual review within the SSA or DHS. This extra review may take some time. A “tentative mismatch” also means that E-Verify is further investigating your employee’s records. You will then either receive an authorization or a “final nonconfirmation.” This result means E-Verify could not confirm that your employee is eligible to work. In such situations, you cannot offer the individual a position.

Note: any tentative mismatch requires you to notify the employee immediately. Notification allows the employee to rectify the situation with DHS or the SSA.

What It Means to Certify A Form I-9

Using E-Verify helps you confirm that, to the best of everyone’s knowledge, an individual is authorized to work. It does not, however, certify your I-9. This term refers only to completing Section 2 of the I-9, the employer’s section. You certify that the information is accurate as far as you know and that the individual’s documents appear valid.

The certifier of an I-9 does not necessarily have to be a manager or even an employee of the business. You may designate anyone as your authorized representative to certify an I-9. When set up on your E-Verify account, these individuals may also be able to submit and handle cases. Choose the approach that’s best for your business.

Explore Ways to Streamline Your I-9 Compliance Workflows Today

Employers who choose to enroll in E-Verify can enjoy several significant benefits. The additional peace of mind is worth signing up and registering with the service. Knowing how to use it effectively can remove friction from hiring and onboarding processes while satisfying compliance requirements.

With an accessible way to verify a Form I-9 online, you don’t have to worry about overlooking key details. Even if someone still manages to pass forged or inaccurate documents, using E-Verify can either uncover that fact or protect you from it. Remember, using E-Verify demonstrates to auditors that you took every possible step to be thorough and diligent. Find out more about online solutions for streamlining your processes and how to edit a Form I-9 online while you consider how to improve your approach today.