I-9 & E-Verify

Ensure Your Applicant's Employment Eligibility

The Form I-9 is a document from the U.S. Department of Homeland Security required for all employers in the U.S. This form verifies an individual’s eligibility for employment. Every new employee hired must complete an I-9 within the first three days of starting employment.

When a Form I-9 is completed by the applicant, the E-Verify database is used to confirm that the information is accurate. E-Verify is an internet-based system that compares information on an employee’s Form I-9 Employment Eligibility Verification form to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. 

Failure to complete a Form I-9 for your new employees could result in:

  • Civil fines and/or criminal penalties (when there is a practice of violating this law)
  • Company ban from government contracts
  • Court ordered back pay against individuals discriminated against
  • Court ordered requirement to hire individuals discriminated against

What is Required of the Applicant?

Both the applicant and the employer are required to fill out different sections of an I-9 form. Once the applicant is hired, they will be asked to complete the following steps for their portion of Form I-9:

  • The employee must formally give employment authorization
  • Present documents evidencing identity (acceptable forms of ID are listed on the last page of Form I-9.
    • The applicant may choose and provide one form of identification from ‘List A’ or two from ‘List B’)
  • Fill out applicable information for the employee on the form

Things to Consider When Administering E-Verify

  • This verification must be performed for every new hire, it is not selective.
  • You may not request the employee use certain documentation for the I-9.
  • You cannot use this verification to discriminate against an applicant on the grounds of national origin, citizenship, or immigration status.
  • The verification must be performed post hire.
  • You cannot screen applicants who were hired before the Memorandum of Understanding (MOU) was signed.
  • You cannot re-verify employment authorization, unless you rehire an employee. If you rehire an employee (after the MOU is signed) they must be screened again under the program.
  • An applicant must be given the opportunity to contest a tentative non-confirmation.
  • You cannot take adverse action against an employee until the final non-confirmation.

How DISA Can Help

DISA offers Form I-9 and E-Verify as part of our product services. The following is how DISA conducts Form I-9 and E-Verify services.

  • Both the applicant and employer must complete and fill out Form I-9 Employment Eligibility Verification from the Department of Homeland Security.
  • The employer needs to place an order inside DISAWorks so DISA can access E-Verify to confirm Form I-9 information.
  • The employer must provide both the Form I-9 with Sections 1 & 2 completed along with the applicant’s documents from ‘List A’ or ‘List B & C’ for the search to be completed.
  • The DISA backgrounds staff will conduct the search at the E-Verify site.
  • E-Verify will create a case result within seconds, with the exception that some cases may require additional action.
    • (For data that cannot be verified, the applicant may be directed to the Social Security Administration or the Department of Homeland Security).

You can find a sample of Form I-9 here.

DISA’s Background Compliance Team can assist you with creating and maintaining a background screening package suitable for your company’s needs.

For more information on Form I-9 and E-Verify services contact DISA at 281-673-2530