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09/16/2025

Should Employers Use E-Verify for New Hires?

Source: Fisher Phillips, September 10, 2025

Employers are required to verify that new hires are authorized to work in the US – and E-Verify offers a quick way to accomplish this task. The program, which matches I-9 data with the information in various government databases, aims to help employers stay compliant with federal employment and immigration regulations. But there are some issues you should note when deciding whether it’s right for your organization. Is E-Verify right for you? Consider these pros and cons before you incorporate it into your hiring process.

Quick Compliance Review

• Employers are required to verify work authorization and complete a Form I-9 for every new hire in the US – and to reverify in certain circumstances – with few exceptions.
• Employers need to inspect and record original documents from the I-9 lists of acceptable documents within three days of an employee’s start date.
• You’ll need to store I-9 forms for three years after an employee is hired or one year after their employment ends (whichever is later). And the forms should be made available to the federal government for inspection, if requested.
• Mistakes on I-9s can cost hundreds to thousands of dollars and knowingly hiring unauthorized workers can result in even higher penalties and possible jail time.  

What is E-Verify?

• E-Verify is a free, web-based federal system that allows enrolled employers to confirm employment eligibility by electronically matching information provided on the Form I-9 against government records. 
• While E-Verify is voluntary for most employers, it is mandatory for certain federal contractors and in some states.
• Employers who participate in the E-Verify program still need to complete I-9 forms and follow related rules. So why consider adding the additional step? Read on to weigh the benefits and risks of using E-Verify.

7 Reasons Employers May Welcome E-Verify

1. Remote Verification: When completing Form I-9, employers generally must physically examine the employee’s identity and work authorization documents. Employers that are enrolled in E-Verify, however, are allowed to conduct document verification electronically rather than in person, so long as it’s done through a live video and certain other steps are followed. You can read more about electronic verification here.

2. Speed: Employers that use E-Verify receive an almost-immediate initial determination regarding a new employee’s authorization to work.

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7 Reasons You May Want to Skip It

1. Use of Resources: Employers will need to learn how to use E-Verify, stay up to date with ever-changing regulations, and ensure their IT systems can manage the process and keep up with changes.

2. False Positives and Negatives: E-Verify is not foolproof, and it can produce errors. The system may sometimes flag individuals who are authorized to work (false positives) or fail to identify unauthorized workers (false negatives).

View the full guidance