Both Form I-9 and E-Verify are requirements that employers need to meet in order to maintain a legal workforce. They require that each employee fill up the I-9 form within 3 days of joining the organization. He or she has to fill in Section I of the form after acceptance of the Offer of Employment.
Employers, on the other hand, need to fill in Section 2 of the same form even if they have opted for E-Verify.
So, Form I-9 and E-verify are different. Every employer has to maintain a Form I-9. E-Verify, on the other hand, is optional. Employers who have enrolled in E-verify need to confirm the details of their new employees electronically. But this is not the only unique thing about Form I-9.
Difference Between Form I-9 and E-Verify
- Social Security Number
Though employees voluntarily mention Social Security numbers on Form I-9, it is not a necessity. However, if the company has enrolled in E Verify, it has to mention the social security number of every new employee. Employers need a Social Security number to make E-Verify cases against each employee. The employer has to deal the case within the third day of the employee starting work. If this is not possible owing to some reason, he has to indicate the reason for this delay.The potential cause for delay may be the unavailability of Social Security numbers. It is possible that every new employee does not have a Social Security number, especially if he or she is an immigrant who has just arrived in the U.S. In such instances, the employer has to furnish a detailed explanation for not having a Social Security number in Form I-9 and set aside the case. The employee is permitted to continue for some time. As he or she secures the number, the employer has to file E-Verify mentioning that number.
- Its Employer Obligation
Unlike Form I-9, which is divided into sections obligatory for both employees and employers, E-Verify is not obligatory for employees. It is entirely an exercise to be conducted by the employer. The process ends up with online verification of credentials supplied by the candidates. However, this does not mean that the employer need not scrutinize documents submitted by the new employee along with Form I-9. To ensure employment identity and employment authorization, employers need to scrutinize all original documents, and E-Verify does not exempt them from doing that. Employers may also reject documents that don’t seem genuine.
- Photograph Mandatory In E-Verify
Employees need to furnish original documents to prove their identity. There are three lists: A, B & C. One big difference between Form I-9 and E-Verify is that if the employee submits a document from List B to an employer who is registered with E Verify, the employer has to make sure that the document has a photograph of the employee. If an employee objects to providing photographs for religious reasons, he or she has to furnish a copy of U.S. Passport, Permanent Resident Card or Employment Authorization Document. The employer has to retain it in Form I-9.
From the above difference we can conclude that Form I-9 is mandatory for employers, but E-Verify is not so.