E-Verify No Later Than the Third Business Day After the Employee Starts Work for Pay

E-Verify allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

E-Verify is a voluntary program, however employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as a condition of business licensing. Finally, in some instances employers may be required to participate in E-Verify because of a legal ruling.

  1. Make sure you are creating an E-Verify case for every new hire no later than the third business day after the employee starts work for pay.
  2. After Form I-9 is complete, the next step is to create a case in E-Verify using the information from Form I-9. E-Verify cases must be created no later than the third business day after the employee starts work for pay.
  3. Employers who learn that they inadvertently failed to create a case by the third business day after the employee started work for pay should bring themselves into compliance immediately by creating a case for the employee.


  • Complete Form I-9 before creating a case in E-Verify.
  • Enter the employee’s email address if provided on Form I-9 or indicate “No email address provided.”
  • Create cases for all newly hired employees no later than the third business day after the employee’s first day of employment

Confused by E-Verify? What is E-Verify? Is E-Verify Required in Your State?

States that require all or most employers to use E-Verify:
Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah

Public employers and/or contractors with the state:
Florida, Indiana, Missouri, Nebraska, Oklahoma, Pennsylvania, and Texas

  • Florida joins the list of states in 2021 with a new E-Verify requirement.
  • Beginning January 1, every public employer, as well as contractors and subcontractors working on public projects, must enroll in and begin to use E-Verify to confirm the eligibility of all new employees. Private employers are not required to use Verify unless they have a contract with a public employer or if they apply to receive taxpayer-funded incentives through the Florida Department of Economic Opportunity.
  • Additionally, Florida modified the Federal Form I-9 retention rule for private employers if they do not use E-Verify. The federal retention rule requires that Form I-9s, along with copies of documents used to complete them, must be maintained for three years from the date of hire or one year from the date of termination, whichever is later. Private employers who do not use E-Verify must maintain copies of the documents used to complete Form I-9 for three years.

Public employers only:
Idaho and Virginia

States with local municipality E-Verify requirements:
Michigan, New York, Oregon, and Washington

State contractors only:
Colorado, Louisiana, and Minnesota


To learn more about how Form I-9 Compliance LLC can help your “compliance requirements” related to Form I-9 and E-Verify processes and procedures, please contact us directly at 866.359.4949 and schedule a call to speak to one of our I-9 experts.

Electronic Form I-9

Our advanced, web-based technology fully automates the completion, signature, storage and tracking of I-9 forms – making a totally paperless I-9 process possible. The Form I-9 Compliance partnership approach involves working with company representatives to understand current I-9 programs, identify existing concerns, trends or problems before outlining a new, customized I-9 program.


As an E-Verify Employer Agent for Web Services, we provide integrated E-Verify accessibility from either the Electronic Form I-9 or as a standalone service. From initial planning to successful implementation, we assist employers through the E-Verify Memorandum of Understanding completion process and provide all the necessary training and documentation required for E-Verify access.

  • E-Verify Employer Agent for Web Services
  • Immediate Results
  • Easy One-Click or Automatic E-Verify processing from the Electronic Form I-9
  • E-Verify only options
  • Compliance Dashboard Monitoring
    • Action Required Status
    • No Action Required Status
    • Inappropriate Case Closure Database
  • Photo Tool Document Retention Alerts
  • Management Alerts – TNC’s, Updates and Case Closure
  • Federal Contractor E-Verify Best Practices
  • Reporting and Training
  • Implementation and Best Practices Consulting