They get confused constantly, and the confusion is expensive. Form I-9 is a federal requirement for every employer in the country. E-Verify is a separate, mostly voluntary program that sits on top of it. One does not replace the other, and in 2026 the gap between them decides what you are legally allowed to do.
The short version
Form I-9 is mandatory. Every employer must complete one for every person hired after November 6, 1986. No exceptions for small businesses.
E-Verify is an add-on. It is an online system that checks the information from a completed I-9 against DHS and Social Security records. It is voluntary for most private employers, though federal contractors and employers in certain states are required to use it.
You cannot use E-Verify without first completing an I-9. The I-9 is the input.
Side by side
| Form I-9 | E-Verify | |
|---|---|---|
| Required? | Yes, for every employer | Voluntary for most |
| What it is | A paper or electronic form you keep on file | A government database check |
| Where it lives | Your files. You never send it anywhere | Online, submitted to DHS |
| Deadline | Section 2 within 3 business days of the start date | Within 3 business days of the start date |
| Retention | 3 years after hire or 1 year after termination, whichever is later | Case records kept in the system |
We act as your authorized representative and complete Section 2 in person anywhere in the five boroughs, which works for any employer. If your company is enrolled in E-Verify, we can also complete it by live video nationwide. Same-day signed PDF, from $65 per employee.
The one difference that changes what you can do
This is the practical reason to care. There are exactly two lawful ways to examine a new hire’s documents for Section 2.
Physical examination. You, or an authorized representative you designate, look at the original documents in person with the employee present. Available to every employer.
Remote examination under the DHS alternative procedure. Documents reviewed over live video with copies retained. Available only to employers enrolled in E-Verify and in good standing at that hiring site.
There is no third option. A company not enrolled in E-Verify cannot complete Section 2 over video, over email, or through any asynchronous process, no matter who is doing the reviewing.
So E-Verify enrollment is not just a compliance checkbox. For a company hiring remotely, it is the difference between a fifteen-minute video call and arranging for someone to physically meet every new hire.
Why this got sharper in 2026
On March 16, 2026, ICE updated its Form I-9 Inspection fact sheet and reclassified more than ten error categories from technical to substantive. Technical violations come with a ten-business-day window to fix them after the government notifies you. Substantive violations do not. They are fineable immediately at $288 to $2,861 per form.
Two of the newly substantive errors are about remote verification specifically: failing to check the alternative procedure box, and using the alternative procedure while not being an active E-Verify participant. If a company reviewed documents by video without being enrolled, that form is now an uncorrectable violation.
Should you enroll?
Enrollment is free and done through the E-Verify website. Arguments in favor: it unlocks remote document examination, it gives you a record of having checked, and some states and federal contracts require it regardless.
Arguments against: it adds a step to every hire, it commits you to following E-Verify rules including how you handle a tentative nonconfirmation, and mishandling that process carries its own discrimination exposure. If you hire two people a year and they all work on site, the case is weaker.
If you hire remotely with any regularity, the case is strong.
What people get wrong
“We use E-Verify, so we don’t need I-9s.” Backwards. E-Verify runs on I-9 data. You still complete and retain every form.
“E-Verify means we’re audit-proof.” No. ICE inspects the I-9s. A clean E-Verify record does not cure a form with missing document data.
“We can check documents over Zoom.” Only with E-Verify enrollment, and only following the alternative procedure properly, including checking the box on the form.
Frequently asked questions
Is E-Verify required in New York?
New York does not have a general statewide mandate for private employers, but federal contractors and certain arrangements do require it. Confirm your own obligations rather than assuming.
Can I run E-Verify before someone starts?
A case is created after the employee accepts an offer and the I-9 is complete, and no later than three business days after the start date.
Does E-Verify change the three-day deadline?
No. Section 2 is still due within three business days of the first day of work.
We are not on E-Verify and hire remotely. What do we do?
Designate an authorized representative to examine the original documents in person with the employee. That is what we do across the five boroughs.
What enrolling in E-Verify actually commits you to
Enrollment is free and it is not a formality. You sign a memorandum of understanding and take on obligations.
You must run a case for every new hire at a participating site, not only the ones you have doubts about. Selective use is a discrimination exposure. You must display the required notices. You must not use it to prescreen applicants before hire. And you must follow the process when a case returns a tentative nonconfirmation, which means notifying the employee privately, giving them the chance to contest, and not taking adverse action while the case is pending.
Mishandling a tentative nonconfirmation is the single most common way employers turn a compliance tool into a legal problem.
What it does not do
E-Verify confirms information against records. It does not detect a genuine identity being used by somebody else, it does not validate the documents you examined, and it does not cure a defective Form I-9.
ICE inspects the forms. A clean E-Verify history sits alongside your I-9s rather than replacing them, and it will not rescue a form missing document data in Section 2.
Deciding
If you hire remotely with any regularity, enrollment unlocks the alternative procedure and is probably worth it. If everyone works on site and you hire twice a year, the obligations may outweigh the benefit.
Some states and most federal contracts require it regardless, so check whether the decision is actually yours before weighing it.
Where the two forms actually meet
The sequence is worth stating because people run them in the wrong order.
The employee completes Section 1 by the end of their first day. You complete Section 2 within three business days. Only then can an E-Verify case be created, because the case is built from the data on the completed form. And the case must be created no later than three business days after the start date.
So E-Verify does not replace a step, it adds one, and it inherits every error you made on the form. A mistyped document number on the I-9 becomes a mismatch in E-Verify, which then has to be resolved with an employee who has done nothing wrong.
Recordkeeping differs too
Forms I-9 are kept by you for three years after the date of hire or one year after employment ends, whichever is later. They are never filed with any agency, which surprises employers who assume somebody is receiving them.
E-Verify case records live in the system, and you print or save the case confirmation. Neither one substitutes for the other in an inspection, because ICE inspects the forms.
See also: business and corporate notary in NYC
Related reading
- Online and remote I-9 verification, how it works
- Who can verify an I-9?
- I-9 verification for employers, step by step
- What is I-9 employment eligibility verification?
- I-9 verification service in NYC
This is general information, not legal advice, and NotarEaseNYC is not a law firm. Federal I-9 rules and penalty amounts change. Confirm current requirements with USCIS, ICE, or qualified immigration counsel before relying on this.