Form I-9 and E-Verify: Employer Compliance Guide for 2026

You must complete Form I-9 for every person you hire to work for pay in the United States, whether they are a US citizen, a green card holder, or a visa holder. You do not complete I-9s for genuine independent contractors, but misclassifying employees as contractors does not remove the duty.

For sponsored workers (H-1B, L-1, TN, O-1, H-2A, H-2B), the I-9 is where you record the document that proves work authorization, usually a foreign passport with an I-94 record, and the date it ends.

Use the right edition. Since August 1, 2026, only the Form I-9 version with an expiration date of 05/31/2027 is valid. Employers using electronic I-9 systems had to update by July 31, 2026. Download the current form from the USCIS I-9 page.

Documents. The employee chooses which acceptable documents to show: one from List A (identity and work permission, such as a US passport, green card, or foreign passport with I-94), or one from List B (identity) plus one from List C (work permission). You may not ask for specific documents or more documents than required.

Remote inspection. Employers enrolled in E-Verify and in good standing may use DHS's alternative procedure: examine documents over live video, keep copies, and note the alternative procedure on the form. Employers not in E-Verify must inspect documents in person, though they can use an authorized representative.

You must reverify an employee's work authorization before it expires if their Section 2 document was temporary (for example an employment authorization document, or EAD, or an I-94 with an end date). Never reverify US citizens, and do not reverify green card holders when their card expires.

Several 2025-2026 changes create reverification risk:

• No more automatic EAD extensions for renewals filed on or after October 30, 2025. An employee whose EAD expires while a renewal is pending may have to stop working until the new card arrives. Track expiration dates and prompt renewals early. See EAD work permits.
• TPS terminations for several countries end the work authorization tied to that status on the dates in the Federal Register notices. See TPS terminations.
• CHNV parole has ended, so work permits based on it are ending. See CHNV parole ended.
• F-1 students: a rule ending "duration of status" was blocked by a federal court on September 14, 2026, so OPT and STEM OPT work continues under existing rules for now. See the F-1 fixed admission period status.

When authorization ends, you must not continue employing the person unless they present new acceptable documents. Treat all employees the same way; selective reverification based on national origin or citizenship is illegal.

E-Verify compares information from Form I-9 with Social Security Administration and DHS records. It is free. Once enrolled, you must create a case for every new hire (not for existing staff, except under federal contracts), within 3 business days of the start date.

E-Verify is required for:

• Federal contractors and subcontractors whose contracts include the Federal Acquisition Regulation E-Verify clause
• Employers of F-1 students on the 24-month STEM OPT extension, which also requires a signed Form I-983 training plan. See STEM OPT
• Employers in states that mandate it for some or all employers. Rules differ by state and by employer size, and several states have expanded them in recent years. Check your state labor or attorney general's site

Tentative nonconfirmations (mismatches). If E-Verify returns a mismatch, give the employee the notice, let them decide whether to take action, and do not suspend, fire, or delay their start while the case is open. Only a final nonconfirmation allows termination on that basis.

Do not use E-Verify to screen applicants before a job offer.

ICE inspections. Immigration and Customs Enforcement (ICE) serves a Notice of Inspection and gives employers 3 business days to produce I-9s. Results can include a notice of technical or procedural failures (with 10 business days to correct), a warning, or a fine. Knowingly employing unauthorized workers can bring higher fines and criminal charges. Civil fine amounts are adjusted for inflation each year in the Federal Register.

Discrimination. The Justice Department's Immigrant and Employee Rights Section (IER) enforces the anti-discrimination rules. Common violations are demanding a green card from a lawful permanent resident, refusing valid documents, reverifying only non-citizens, and "citizens only" hiring where not required by law.

Retention. Keep each I-9 for 3 years after the hire date or 1 year after employment ends, whichever is later. Store I-9s separately from personnel files so you can produce them quickly.

1. Pull a list of all current employees and everyone who left within the retention period.
2. Confirm there is an I-9 for each, on an edition that was valid when completed.
3. Check Section 1 and Section 2 dates against start dates.
4. Flag missing signatures, blank fields, and document entries that don't match the lists.
5. Correct errors by striking through, writing the correct information, and initialing and dating. Never backdate. Attach a short explanation where helpful.
6. Build a tickler for every reverification date.
7. Train everyone who completes I-9s, including remote hiring managers.

If you find unauthorized employment or a pattern of errors, talk to an employment or immigration lawyer before acting.