I-9 and E-Verify Compliance: Common Mistakes Employers Should Avoid

Employers across the United States are required to verify the identity and work authorization of every employee they hire. While many companies use E-Verify to assist with this process, confusion often arises about how E-Verify relates to Form I-9, electronic signatures, and remote document verification. Misunderstanding these requirements can lead to costly penalties during government audits. Below are some of the most common I-9 and E-Verify compliance mistakes employers should avoid.

Form I-9 and E-Verify Are Not the Same

A common misconception among employers is that E-Verify replaces Form I-9. In reality, they serve different purposes. Form I-9 is the mandatory document that verifies an employee’s identity and authorization to work in the United States. All employers must complete this form for every employee hired after November 6, 1986. E-Verify, by contrast, is an online system operated by the U.S. Department of Homeland Security (DHS). It compares information from the employee’s I-9 to records from the Social Security Administration and DHS databases. The typical verification process works like this:

1. The employee completes Section 1 of Form I-9

2. The employer reviews documents and completes Section 2

3. The employer submits the information to E-Verify. E-Verify simply confirms the information from the I-9—it does not replace the I-9 requirement.

Are Ink Signatures Required on Form I-9?

Whether a Form I-9 requires an ink signature depends on how the form is completed. Paper I-9 Forms: If the employer uses a paper I-9, both the employee and employer sign with ink signatures before the employer may later submit the information to E-Verify. Electronic I-9 Systems: Many employers now use electronic I-9 systems through HR platforms. In these systems, signatures are electronic rather than handwritten. Electronic signatures are permitted under federal regulations, but the system must include:

• A secure audit trail

• Time and date stamps

• Identification of the signer

• Protection against unauthorized modification.

Simply typing a name into a PDF without an audit trail may not meet DHS compliance standards.

Timing Matters: When to Run E-Verify

Another frequent compliance issue involves the timing of E-Verify submissions.

Employers must follow these rules:• The Form I-9 must be completed first• The E-Verify case must be created within three business days of the employee’s start date. Employers cannot use E-Verify for pre-employment screening. Running E-Verify before a candidate accepts a job offer or before the I-9 is completed is a violation of federal rules.

Can Employers Use E-Verify Selectively?

Employers must use E-Verify consistently and without discrimination. If a company enrolls in E-Verify for a particular hiring site, it generally must use the system for all newly hired employees at that location. Employers cannot run E-Verify selectively based on immigration status, citizenship status, national origin, or foreign-sounding names. Selective use may be considered employment discrimination under federal immigration law.

Remote I-9 Verification: What Employers Need to Know

Another area that has caused confusion in recent years is remote document inspection. Traditionally, employers were required to physically examine an employee’s original documents within three business days of the employee’s start date. Employers may use remote document verification only if they:

• Are enrolled in E-Verify

• Are in good standing with E-Verify

• Use E-Verify for all new hires at the hiring site

• Conduct a live video interaction with the employee.

During the video session, the employee must present the original documents, and the employer must confirm that they match the copies previously submitted.

Authorized Representatives and Employer Liability

For remote employees, some employers designate an authorized representative to inspect documents on their behalf, often a notary or other third party. However, the employer remains legally responsible for any mistakes made by the authorized representative. Even if a notary completes Section 2 of the I-9, the employer is still liable for errors.

Key Takeaways for Employers

To maintain proper I-9 and E-Verify compliance, employers should remember:

• E-Verify does not replace Form I-9

• The I-9 must be completed before submitting E-Verify

• E-Verify must be submitted within three business days of the employee’s start date

• Electronic I-9 systems must maintain proper audit trails

• Employers must use E-Verify consistently and without discrimination

• Remote document verification requires specific procedures and E-Verify participation.

Failure to follow these requirements can expose employers to significant fines and penalties during federal audits.