Busting the Top 5 E-Verify Myths in 2025

Busting the Top 5 E-Verify Myths: What Employers Really Need to Know

E-Verify is one of the most misunderstood parts of I-9 compliance. Many HR teams assume it’s optional, complicated, or only for certain industries. The truth? Misunderstanding E-Verify can leave employers exposed to fines, contract loss, and reputational damage.

In this article, we’ll bust the top 5 E-Verify myths and give HR professionals a clear picture of how to stay compliant.

Myth 1: “E-Verify Is Optional Everywhere”

Some employers believe E-Verify is strictly voluntary. In reality, state laws create a patchwork of requirements.

• States like Alabama, Arizona, Mississippi, South Carolina, and Utah require all employers to use E-Verify.
• Others, like Florida and Georgia, require it for public employers or state contractors.
• Even in states without mandates, federal contractors may be required to use it.

Related: What States Require E-Verify

Myth 2: “One Tentative Nonconfirmation Means Termination”

A Tentative Nonconfirmation (TNC) does not mean an employee is unauthorized to work. It simply means the information provided did not match DHS or SSA records.

The facts:

• Employers must notify the employee and allow them to contest the result.
• Terminating immediately could trigger discrimination claims.
• Most TNCs resolve with updated or corrected documentation.

Learn more: Details Behind the TNC

Myth 3: “E-Verify Replaces the Form I-9”

E-Verify is a supplemental tool, not a substitute. Employers must still complete and retain Form I-9 for every new hire, regardless of E-Verify participation.

Related Resource: I-9 Form Fundamentals

Myth 4: “E-Verify Always Increases Liability”

Some employers avoid E-Verify, fearing extra penalties. In reality, using it correctly can actually:

• Reduce audit risk.
• Provide stronger defense during an ICE audit.
• Streamline reverification for temporary work authorizations.

Related Resource: How to Handle an ICE Audit

Myth 5: “Copying Documents Creates Protection Against Fines”

Employers often think copying IDs during verification protects them in an audit. That’s not true. Copies may be a mitigating factor, but they do not erase liability for mistakes.

Best practice:

• If you copy documents, apply the policy consistently to avoid discrimination claims.
• Store copies securely with limited access.

Related Resource: How to Self-Audit Your I-9s

Why These Myths Matter

Increased ICE enforcement and state-level E-Verify mandates mean HR teams can no longer afford to be confused. Fines for paperwork errors range from $288 to $2,861 per violation, and repeat offenses can be much higher.

Employers who bust these myths and implement a consistent strategy reduce their risk—and build a compliance program that can withstand federal or state scrutiny.

E-Verify Success Starts with the Right Process

E-Verify doesn’t have to be confusing or risky. By understanding the rules, training managers, and using digital compliance tools, HR teams can build a program that is accurate, consistent, and audit-ready.

At i9 Intelligence, our platform seamlessly integrates I-9 compliance and E-Verify into one system, giving employers confidence that their records are always compliant.

Next steps for HR teams: Use our I-9 Risk Calculator or book a free I-9 compliance strategy call with our team.