Verify new hires in 4 steps: Form I-9 and E-Verify

Use Form I-9 to verify identity and employment authorization of individuals hired in the United States, according to U.S. Citizenship and Immigration Services.

Key takeaways

• Form I-9 verifies identity and employment authorization, while E-Verify confirms government records.
• The E-Verify process begins with a completed Form I-9, Employment Eligibility Verification, according to E-Verify.
• Participants then create a case using information from the employee’s Form I-9, no later than the third business day after work for pay starts, according to E-Verify.
• Keep these workflows separate to avoid mixing manual document checks with electronic case creation.

Employment eligibility verification: the ordered steps

The workflow has four steps and separates physical document examination from electronic case creation. The employee completes the attestation in Section 1. The employer then examines the documents the employee presents to confirm they reasonably appear genuine and relate to the individual. This step records the specific document information on the form. For employers participating in E-Verify, the process continues after paid work begins. During this phase, the system may prompt you to compare photos for specific listed documents. After creating the case, you read the resulting status. If a mismatch appears, you notify the employee within the stated federal working-day window. The employee then has until the tenth federal government working day to provide a decision. If no decision arrives, you close the case. Finally, you retain the completed forms and any electronic versions required by law. Federal rules specify keeping current employees’ original forms or qualifying electronic versions. For former employees, you retain forms for three years from the first employment day or one year after employment ends, whichever is longer. Arizona adds its own layer for employers in that state. They must verify new hires through E-Verify and retain verification records for the duration of employment or at least three years, whichever is longer. These distinct roles mean your team needs clear ownership for each phase. One person should handle the initial document examination. Another should manage the electronic case creation if applicable. Review your internal handoff now to identify who performs each task. Assign these responsibilities clearly so no step falls through the cracks during busy hiring periods.

Collect the employee's documents and record your examination

New employees must attest to their employment authorization in Section 1 and present acceptable documents to their employer, according to U.S. Citizenship and Immigration Services. This initial step requires the employee to complete the attestation portion of the form and to present physical or electronic evidence of identity and work authorization. The specific documents presented depend on the lists of acceptable documents maintained by the agency, but the core requirement remains that the employee provides proof that reasonably appears genuine and relates to them.

The employer’s role follows immediately after document presentation. You must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9, according to U.S. Citizenship and Immigration Services. Focus on ensuring the names match between the attestation and the presented evidence. Once satisfied, transcribe the relevant details into the designated fields on the form.

After completing the examination and recording the document information, verify that all entries are legible and accurate. For broader context on how these checks fit into wider hiring compliance, see Employment verification requirements for new hires.

Create the E-Verify case and compare photos when prompted

E-Verify participants must create a case in E-Verify using information from their employee’s Form I-9, no later than the third business day after the employee starts work for pay E-Verify. If the employee presented specific documents, E-Verify Photo Matching will prompt the employer to compare the photo on the employee’s document with a photo displayed during creation of the E-Verify case E-Verify.

The following table lists the document types that trigger this photo comparison prompt:

If your new hire presents one of these items, be prepared to perform the visual comparison as requested by the system.

Read the result and handle a mismatch decision

After you enter employee information into E-Verify, the system displays a case result according to E-Verify. Two primary outcomes define the next steps for your team. The first is "Employment Authorized," which indicates that the employee’s information matched records available to DHS and/or SSA according to E-Verify.

The second outcome is a "Tentative Nonconfirmation (Mismatch)," which means the information did not match records available to DHS and/or SSA according to E-Verify. A mismatch triggers a specific resolution process. When this result occurs, the employer must give the employee an opportunity to take action to resolve the mismatch according to E-Verify.

Handling a mismatch requires strict adherence to federal government working-day windows. You must notify your employee of their mismatch result as soon as possible within 10 federal government working days according to E-Verify. Additionally, you must tell your employee they have 10 federal government working days from issuance of the mismatch to notify you whether or not they will take action to resolve the mismatch according to E-Verify. These two ten-day periods are distinct: one governs how quickly you inform the employee, and the other governs how long the employee has to decide if they will contest the finding.

If the employee does not give you their decision by the 10th federal government working day, you close the case. It is critical to document every communication related to the mismatch, including dates of notification and the employee’s response. For broader context on how these electronic checks fit into your overall hiring compliance strategy, see Immigration employment rules for hiring.

Employment verification reference table by publisher

The following table summarizes the verification duties and procedural details for each issuing authority. Each row names the publisher, its core mandate, and the specific operational requirement drawn from that publisher's guidance.

Keep Form I-9 and Arizona verification records

Federal law requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986, according to U.S. Immigration and Customs Enforcement. This requirement stems from Section 274A(b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a(b), which mandates these checks for every new hire within the specified timeframe, according to U.S. Immigration and Customs Enforcement. For current employees, you must maintain original Form(s) I-9 on paper or as an on-screen version generated by an electronic system that can produce legible and readable paper copies with a compliant audit trail, according to U.S. Immigration and Customs Enforcement. If an employee leaves your organization, the retention rules shift to a specific timeline: keep the Form(s) I-9 for at least three years from the first day of employment or one year from the date employment ends, whichever is longer, according to U.S. Immigration and Customs Enforcement.

In Arizona, additional state laws apply to employers who hire workers in that jurisdiction. After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer, according to Arizona Legislature.

The following table summarizes the distinct retention periods required by federal and Arizona authorities:

Review one new hire's verification handoff and identify the document examiner, the E-Verify case owner if applicable, and the person responsible for retaining the records.

FAQ: New-hire verification and Arizona coverage

How does employment eligibility verification work for a new hire?

Use Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States, according to U.S. Citizenship and Immigration Services. E-Verify participants then create a case using the information from their employee’s Form I-9, according to E-Verify. This sequence separates the initial identity check from the electronic confirmation step.

When must an E-Verify participant create a case?

Participants must create a case no later than the third business day after the employee starts work for pay, according to E-Verify. The case creation relies on the data already recorded on the completed Form I-9.

Does Arizona require my business to use E-Verify after hiring?

Yes, every employer in Arizona shall verify the employment eligibility of the employee through the e-verify program after hiring an employee, according to Arizona Legislature. This requirement applies to employers operating within that jurisdiction.

What happens if an employee does not give a mismatch decision?

If your employee does not give you their decision by the end of the 10th federal government working day after E-Verify issued the mismatch, then you close the case, according to E-Verify.

How long must I keep a former employee's Form I-9?

For former employees, the retention of Form(s) I-9 is required for a period of at least three years from the first day of employment or one year from the date employment ends, whichever is longer, according to U.S. Immigration and Customs Enforcement. Calculate the applicable deadline based on these two specific timeframes.