Form I-9 & E-Verify
Also known as: I-9, E-Verify
Form I-9, formally the Employment Eligibility Verification form, is a United States document every employer must complete for each person hired to work in the US, regardless of citizenship. The employee attests to their work authorisation and presents acceptable identity and eligibility documents, which the employer examines and records. The form must be completed within set timeframes around the start date and retained for a prescribed period.
E-Verify is a separate, internet-based system operated by the US government that electronically compares the information from a worker’s Form I-9 against records held by the Department of Homeland Security and the Social Security Administration to confirm work eligibility. It is voluntary for most employers nationally but is mandated for federal contractors and by some states. E-Verify does not replace the I-9; it is used in addition to it.
Both are US-specific and have no application to hiring in India. The Indian equivalent of confirming a candidate’s legitimacy is background verification (BGV) — checking identity, address, education, prior employment, and sometimes criminal records — while the right to work is established through passport, visa, and, for foreign nationals, employment-visa conditions rather than an I-9. A GCC hiring Indian nationals locally has no I-9 or E-Verify obligation; those requirements attach only to employment performed in the United States.
Frequently asked questions
What is Form I-9?
Form I-9 is the US Employment Eligibility Verification form that every US employer must complete for each new hire to confirm the person’s identity and authorisation to work in the United States. The employee presents acceptable documents, which the employer records and retains.
What is E-Verify and how does it differ from Form I-9?
E-Verify is a US government electronic system that checks the information on a worker’s Form I-9 against federal records to confirm work eligibility. It does not replace the I-9 — it is used in addition — and is voluntary for most employers but mandatory for federal contractors and in some states.
Do Form I-9 and E-Verify apply to hiring in India?
No. Form I-9 and E-Verify are US-specific and apply only to employment performed in the United States. Hiring in India relies on background verification and passport, visa, and work-permit checks rather than an I-9.
Which employers must use E-Verify?
E-Verify is voluntary for most US employers, but it is required for federal contractors and subcontractors and is mandated for some or all employers in certain US states. It is always used alongside, not instead of, the Form I-9.