Paperwork Party and the Guide to Compliant I-9 Document Submission
Why Getting the Documents Needed for E-Verify Right Matters From Day One
The documents needed for e verify fall into three categories, and your employee must present either one document from List A, or one document from List B combined with one from List C.
Quick answer:
| Category | What It Proves | Examples |
|---|---|---|
| List A | Identity + Work Authorization (one document covers both) | U.S. Passport, Permanent Resident Card (Form I-551), Employment Authorization Document (Form I-766) |
| List B | Identity only (must be paired with a List C document) | Driver’s license, State ID card, U.S. Military card |
| List C | Work Authorization only (must be paired with a List B document) | Unrestricted Social Security card, U.S. birth certificate, Native American tribal document |
E-Verify adds one extra rule: List B documents must include a photo. And every employee verified through E-Verify must provide a Social Security number.
Here’s why this matters for your hiring process.
Back in 1986, Congress passed the Immigration Reform and Control Act (IRCA) to prohibit employers from knowingly hiring unauthorized workers. That law created Form I-9, and every employee hired after November 6, 1986 requires one.
E-Verify takes it a step further. It electronically checks the information from Form I-9 against records held by the Social Security Administration and the Department of Homeland Security, confirming that your new hire is actually authorized to work.
The catch? The whole process only works if the right documents are collected correctly, and on time. A missed photo requirement, a restricted Social Security card, or a late Section 2 completion can create compliance headaches fast.
Whether you’re onboarding your fifth employee or your five hundredth, this guide walks you through exactly what to collect and when.
The Ultimate List of Documents Needed for E-Verify
When we talk about the Form I-9, Employment Eligibility Verification, we are looking at the foundation of the entire E-Verify system. You cannot have one without the other. Before you even log into your E-Verify portal, your employee must have already completed Section 1 of the I-9, and you must have reviewed their physical documents for Section 2.
The government breaks these down into three lists. Think of it like a “choose your own adventure” for paperwork. An employee can either give you one “Super Document” from List A, or they can give you a “Team Up” of one document from List B and one from List C.
Specific Identity Documents Needed for E-Verify
List B documents are all about proving that the person standing in front of you is who they say they are. Common examples include a driver’s license issued by a state or outlying possession of the U.S., or a state-issued ID card.
However, there is a major catch for those of us using E-Verify. While the standard I-9 allows for some List B documents without photos, like a voter registration card, E-Verify participants must only accept List B documents that contain a photograph. If your employee is under 18 or has a disability and cannot provide a photo ID, there are special procedures to follow, but in 99% of cases, no photo means no E-Verify case.
For a deeper dive into what makes an ID valid, check out our i-9-acceptable-documents-ultimate-guide.
Establishing Work Authorization
Once identity is proven, we need to know if the person is legally allowed to get paid for work in the United States. This is where List C comes in. The most common document here is an unrestricted Social Security card.
We have to be careful here, though. If a Social Security card has notations like “Valid for Work Only with DHS Authorization,” it is considered a restricted card and is not an acceptable List C document. In that case, the employee would need to provide a different document from List C, like a birth certificate, or a document from List A.
You can find more specifics on these requirements in our i-9-section-2-acceptable-documents-guide.
Special Rules for E-Verify Participants
Being an E-Verify participant comes with a few extra responsibilities that “I-9 only” employers don’t have to worry about. The M-274 Handbook for Employers is the “bible” for these rules, and we follow it strictly to keep our clients safe.
One of the biggest differences is how we handle certain documents. For example, if an employee presents a U.S. Passport, a Permanent Resident Card (Green Card), or an Employment Authorization Document (EAD), we must make a photocopy of it. This isn’t just for our records, it is a requirement for the photo matching process within the E-Verify system. For more on how these two systems interact, see e-verify-and-i-9.
Handling Social Security Documents Needed for E-Verify
In standard I-9s, providing a Social Security Number (SSN) is technically optional unless the employee chooses to show their SSN card as a List C document. In E-Verify, the SSN is mandatory. Every employee must provide their SSN in Section 1 so we can run the case.
What happens if a new hire has applied for a number but hasn’t received the card yet? This happens often with newly arrived immigrants. In this case, we allow the employee to work, but we wait to create the E-Verify case. We make a note on the Form I-9 explaining the delay and then create the case as soon as the SSN is available. If you’re dealing with documents that have reached their “best by” date, our expired-i-9-documents-complete-guide can help you navigate those tricky waters.
The Photo Matching Process
This is one of the coolest (and most important) parts of the E-Verify system. When an employee presents a List A document like a Green Card or an EAD, E-Verify will actually display the photo that the government has on file for that specific document.
As the employer, we have to compare the photo on the computer screen to the photo on the physical document the employee gave us. They should be a match. This helps prevent people from using stolen or altered documents that look real but have been tampered with.
Remote Verification and Record Keeping
The world of work has changed, and many of our clients now hire people who live hundreds of miles away. How do you verify the documents needed for e verify when you can’t see the person in the flesh?
Luckily, the DHS has introduced an “alternative procedure” for E-Verify participants in good standing. This allows for virtual document inspection. Instead of a physical meeting, we can examine the documents over a live video call.
Retention and Storage Rules
Just because the onboarding is over doesn’t mean the paperwork party is finished. We have to keep these forms for a specific amount of time. The rule of thumb is that you must retain Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later.
For example, if John is hired on November 1, 2023, and leaves on November 1, 2024, you must keep his I-9 until November 1, 2026 (three years from hire). If he stays for ten years and leaves in 2033, you keep it until 2034 (one year after termination). Secure storage is vital, and only authorized personnel should have access. Keeping these documents organized is the best way to stay audit-ready. You can learn more about this in our i-9-document-review guide.
Managing Documents Needed for E-Verify Remotely
To use the remote verification procedure, we follow a strict set of steps:
- The employee sends a high-quality copy of their documents to us.
- We schedule a live video call with the employee.
- During the call, the employee holds up the original documents so we can ensure they appear genuine.
- We complete Section 2 of the I-9 and check the box indicating we used the alternative procedure.
- We then create the E-Verify case as usual.
Frequently Asked Questions about Verification
What should I do if an employee receives a Tentative Nonconfirmation?
A Tentative Nonconfirmation (TNC) doesn’t mean the employee isn’t allowed to work. It just means there is a data mismatch between the I-9 info and the government records. This could be due to a name change after marriage, a typo in the SSN, or a delay in updating immigration status.
When a TNC happens, we must notify the employee immediately and give them a “Further Action Notice.” The employee then has the choice to contest the result. While they are working to resolve the mismatch with the SSA or DHS, you cannot fire them or take any adverse action against them.
Can I tell my employee which documents they must bring?
Absolutely not. This is one of the biggest mistakes an employer can make. Telling an employee they must bring a passport or they must bring a Green Card is considered a “document abuse” and can lead to discrimination lawsuits.
Your job is to provide the list of all acceptable documents and let the employee choose which ones they want to present. As long as the documents are on the list, appear genuine, and relate to the person, you must accept them.
Prohibited Employer Actions:
- Demanding a specific document (like a Green Card) from a non-citizen.
- Refusing to accept a document that looks genuine.
- Asking for more documents than the law requires.
- Targeting specific nationalities for extra screening.
Are receipts for lost or stolen documents acceptable?
Yes, but with limits. If an employee’s document was lost, stolen, or damaged, they can present a receipt showing they have applied for a replacement. This receipt is valid for 90 days.
However, there is a catch for E-Verify. You cannot create an E-Verify case based on a receipt. You must wait until the employee brings in the actual replacement document to finish the process. Also, receipts are not acceptable if the employment is for less than three business days.
Wrapping Up the Paperwork Party
Navigating the documents needed for e verify doesn’t have to be a headache. While the rules are strict, they are designed to protect both your business and your employees by ensuring a legal and authorized workforce.
At Valley All States Employer Service, we live and breathe these regulations so you don’t have to. We provide expert, impartial, and efficient E-Verify processing that minimizes administrative burdens and slashes the risk of costly errors. We handle the technical side of the “paperwork party” so you can focus on what you do best: growing your business and managing your team.
Ready to simplify your onboarding and ensure total compliance? Check out More info about our E-Verify services and let us take the stress out of your employment eligibility verification.