TL;DR: Fill out Section 1 of Form I-9 by your first day of paid work. Within three business days after you start, your employer must examine your original documents (one from List A, or one from List B plus one from List C), and, if it uses E-Verify, create a case. If E-Verify returns a mismatch, you have the right to resolve it, and your employer cannot take action against you while the case is open.
Good offers sometimes hit a snag on day one, not because of the interview or salary, but because of paperwork. Here is what Form I-9 and E-Verify really ask of you, what to bring, and the issues that come up most for OPT, STEM OPT, H-1B, and E-2 hires.
The timeline: Section 1, Section 2, and E-Verify
Every U.S. employer completes Form I-9 for every new hire, citizens included. It records who you are and whether you can work in the U.S. You complete Section 1, and the employer completes Section 2.
This timeline comes from the USCIS Handbook for Employers (M-274) and E-Verify’s verification process page.
| Step | Who | Deadline |
|---|---|---|
| Section 1 (your info and attestation) | You | No later than your first day of employment, and only after you’ve accepted the job offer |
| Section 2 (document review) | Employer | Within 3 business days after you start work for pay. If you start Monday, it’s due by Thursday. |
| Jobs under 3 business days | Employer | Section 2 due by the first day of work |
| E-Verify case (if the employer uses it) | Employer | Within 3 business days after you start work for pay |
| Reverification (Supplement B) | Employer | No later than the date your current work authorization expires |
Some employers send an electronic Section 1 link before your start date. Fill it out carefully: your name has to match your documents.
List A, List B, List C: what actually counts
You bring one List A document, or one List B plus one List C document, and the choice is yours. The M-274 says the employer “must allow the employee to choose.” Documents must be unexpired originals, except a certified copy of a birth certificate. The full lists are in M-274 Section 13.0.
- List A (identity and work authorization): U.S. passport, Green Card, EAD with photo, or a foreign passport with Form I-94 for nonimmigrants authorized to work for a specific employer (for example, H-1B, L-1, E-2).
- List B (identity only): driver’s license, state ID, or other government ID. The E-Verify User Manual says a List B document given to an E-Verify employer must contain a photo.
- List C (work authorization only): an unrestricted Social Security card or a U.S. birth certificate.
Lost a document? A receipt for a replacement of a lost, stolen, or damaged document is valid for 90 days, after which you show the replacement (M-274).
How E-Verify works, and what to do about a mismatch
E-Verify compares your I-9 information with DHS and Social Security records. When records do not match, the result is a Tentative Nonconfirmation, now called a “mismatch.” Based on E-Verify’s mismatch guidance:
- Your employer notifies you privately with a Further Action Notice. Check the information first; if HR made a typo, they close the case and create a new one.
- You have 10 federal government working days to tell your employer whether you will take action.
- After the referral is confirmed, you have 8 federal government working days to contact DHS or SSA.
- While the case is open, your employer may not fire you, suspend you, delay your training, or withhold or lower your pay because of the mismatch.
No SSN yet? E-Verify’s guidance says the employer should let you keep working and create the case once the number arrives.
Visa holders: EAD, I-94, STEM OPT, and H-1B
STEM OPT requires E-Verify. Per E-Verify’s STEM OPT FAQ, employers must enroll and participate to hire F-1 students seeking a STEM extension. If a staffing agency hires you, that firm must be enrolled, not the client site. My STEM OPT checklist and OPT at Korean companies guide cover the rest.
EAD automatic extensions changed. A DHS final rule effective October 14, 2026 confirms that renewal applications filed on or after October 30, 2025 do not get the old automatic extension, with exceptions such as TPS. File your renewal early and talk to HR before the card expires.
Check your I-94 before day one. Make sure the class and admit-until date are correct. Moving from OPT to H-1B? Read my posts on the cap-gap extension and H-1B transfers.
“My I-94 says E-2, not E-2S. Can I still start on Monday?”
USCIS says E-2 spouses are employment authorized incident to status, and lists as proof an unexpired I-94 showing E-2S, or an I-94 showing E-2 along with a USCIS notice about the new admission code; an EAD is optional (USCIS E-2 page). Check your I-94 a week before you start, and if the S is missing, ask an attorney about a correction. Not legal advice; every case is different.
“I lost my receipt notice. Will they take my expired EAD?”
The receipt matters. For an automatically extended H-4 EAD, for example, the employee shows the expired card with the Form I-797C and an unexpired I-94 showing H-4 status (M-274, Section 5). If a notice is missing, ask the attorney who filed it now, not the morning you start.
What to bring on day one
- Your List A original, or a List B photo ID plus a List C document
- A printout of your I-94 if you are in nonimmigrant status
- Your I-20 and I-797 notices if you are on STEM OPT, in cap-gap, or in an H-1B transfer
- Your SSN, or proof that you have applied
- Any receipt for a replacement document
Bring originals, not photocopies. At Korean companies, watch name order: use the exact name on your work authorization document in Section 1, and fix any SSA record difference with SSA. If you are hired through an agency, that firm usually does your I-9, not the plant. See contract vs direct hire and, for E-2 spouses, the E-2 employee guide.
FAQ
Can I start working before E-Verify confirms me?
Yes. The E-Verify case is created within 3 business days after you start, and you can keep working during a mismatch while you resolve it.
Does an E-Verify mismatch mean I’m in trouble?
Not necessarily. Name order, typos, and records that have not been updated are common causes. Follow the Further Action Notice and meet the deadlines.
Once you have signed, keep this open next to your offer letter checklist.
Ask your employer’s HR or immigration attorney about your case. Sources: USCIS Form I-9, E-Verify: Form I-9 changes, USCIS M-274 Handbook, E-Verify verification process, E-Verify mismatches, E-Verify STEM OPT FAQ, Federal Register: EAD automatic extensions final rule. Checked October 2026.
