Verifying New Employees on Form I-9
Newly hired employees must complete Form I-9 Employment Eligibility Verification, regardless of whether they are assigned to a federal contract. Employers must comply with Form I-9 procedures found in the M-274 Handbook for Employers, Guidance for Completing Form I-9. E-Verify employers also have additional employment verification requirements for Form I-9 that other employers do not have:
- If an employee chooses to present a List B document, the employer may only accept a List B document that contains a photo (if the employee cannot provide such a document because of religious objections, contact the E-Verify Contact Center at 888-464-4218).
- If an employee chooses to present an Employment Authorization Document (Form I-766), Permanent Resident Card (Form I-551) or U.S. Passport or Passport Card, the employer must make a copy of the document and retain it with the employee’s Form I-9.
- Employees must have a Social Security number (SSN) to be verified using E-Verify. If an employee has applied for but has not yet received his or her Social Security number (i.e., if he or she is a newly arrived immigrant), make a note on the employee’s Form I-9 and set it aside. The employee should be allowed to continue to work. As soon as the Social Security number is available, the employer can create a case in E-Verify using the employee’s Social Security number.
Verifying Existing Employees Using Form I-9
In order to comply with the Federal Acquisition Regulation (FAR) rule, a federal contractor must verify all new hires and existing employees assigned to the federal contract. Federal contractors may also opt to verify their entire workforce with E-Verify. When the employer chooses this option, the employer must decide how to verify its employees by completing three steps.
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Step 1
Decide which employees the employer wants to verify.
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Step 2
Determine which existing employees are exempt or have special requirements relating to the verification process.
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Step 3
Complete new Forms I-9 or update existing Forms I-9.
Related Resources
Supplemental Guide for Federal Contractors
This E-Verify Supplemental Guide instructs federal contractors on the process for verifying employees through the E-Verify system. The E-Verify language in the regulation took effect on September 8, 2009.
M-274, Handbook for Employers
The guidance in this handbook, in tandem with the Form I-9 instructions, helps employers properly complete Form I-9, which assists in verifying that your employees are authorized to work in the United States.
Related Upcoming Webinars
Federal Contractor E-Verify
Learn about timelines for enrollment, how to use the program, how to verify new and existing employees, and exemption and exceptions for federal contractors who have been awarded a federal contract with the FAR E-Verify clause. This webinar, useful for federal contractors and subcontractors affected by the E-Verify federal contractor rule, is eligible for 1 professional development credit through SHRM and HRCI.
Estimated duration: 1 hour.
