TL;DR: On or before your first day of paid work, you fill out Section 1 of Form I-9. Within three business days after you start, your employer has to physically examine your original documents: one from List A, or one from List B plus one from List C. Then, if it uses E-Verify, it creates a case. Visa holders should bring an unexpired passport with their I-94 or EAD, plus their Social Security card or SSN if they have one. If E-Verify returns a mismatch, you have the right to resolve it, and your employer can’t take action against you while the case is open.
I’ve seen good offers hit a snag on day one more than once, and it wasn’t because of the interview or the salary. It was paperwork. A candidate shows up at a plant orientation with a photocopy of their EAD. Or an E-2 spouse brings a passport but no I-94. Or an engineer’s name is in Korean order on one document and Western order on another, and E-Verify flags a mismatch. None of these are disasters, but each one adds stress to a week that’s already stressful.
This guide covers what Form I-9 and E-Verify really ask of you, what to bring, and the issues I see most with OPT, STEM OPT, H-1B, and E-2 hires. Once you’ve signed, keep it open next to your offer letter checklist.
What Form I-9 is, and which edition employers use now
Every U.S. employer has to complete Form I-9 for every new hire, citizens included. It records two things: who you are (identity) and whether you can work in the U.S. (employment authorization). You complete Section 1, and the employer completes Section 2.
Here’s the edition picture as of October 2026. USCIS released a Form I-9 edition dated 01/20/25 that expires 05/31/2027. It renamed the fourth Section 1 checkbox “An alien authorized to work” and revised the descriptions of two List B documents. According to E-Verify’s notice on the change, some earlier editions stay valid until their own expiration dates. This includes an 08/01/23 version that USCIS extended to 05/31/2027. Editions change, so the employer should check the current one on uscis.gov/i-9. You don’t need to choose the edition yourself. Just know that HR may hand you either one.
The timeline: Section 1, Section 2, and E-Verify
Most first-week confusion comes from not knowing what’s due when. Here is the timeline 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 |
In practice, most Korean plants and offices I work with handle all of this at day-one orientation. Some send you 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. The choice is yours. The M-274 says the employer “must allow the employee to choose” which acceptable documents to present. All of them must be unexpired originals. The one exception is a certified copy of a birth certificate. The full lists are in M-274 Section 13.0. These are the ones I see most:
| List | Proves | Common examples |
|---|---|---|
| A | Identity and work authorization | U.S. passport or passport card; Green Card (Form I-551); EAD with photo (Form I-766); a foreign passport with Form I-94 for nonimmigrants authorized to work for a specific employer because of their status (for example, H-1B, L-1, E-2) |
| B | Identity only | State driver’s license or ID card; government-issued ID; school ID with photo; U.S. military card |
| C | Work authorization only | Social Security card without restrictions like “NOT VALID FOR EMPLOYMENT”; U.S. birth certificate (original or certified copy); certain other DHS-issued employment authorization documents |
- E-Verify employers and List B. The E-Verify User Manual says any List B document given to an E-Verify employer must contain a photo.
- Copies. If you show an E-Verify employer a U.S. passport, passport card, Green Card, or EAD, the employer has to make a copy and keep it with your I-9.
- Remote review. E-Verify employers may be allowed to examine documents remotely under an alternative procedure. Otherwise, the review happens in person.
Receipts: when a document is lost or stolen
If you lost a document, you may be able to start with a receipt. The M-274 lists these main types:
| Receipt | Valid for |
|---|---|
| Receipt for a replacement of a lost, stolen, or damaged document | 90 days. You then show the replacement document. |
| Form I-94 arrival record with a temporary I-551 (ADIT) stamp | Until the stamp expires, or 1 year from admission if it has no expiration date |
| Refugee I-94 with refugee admission stamp or RE code | 90 days |
Employers must accept a valid receipt unless the job lasts less than 3 business days. You can’t swap in a second receipt when the first one runs out.
How E-Verify works, and what to do about a mismatch
E-Verify compares your I-9 information with DHS and Social Security records. Most of the time the result is “Employment Authorized” within minutes. When records don’t match, the result is a Tentative Nonconfirmation, which E-Verify now calls a “mismatch.” Here’s how that goes, based on E-Verify’s mismatch guidance and its common questions page:
- Your employer notifies you privately and gives you a Further Action Notice. Check the information at the top first. If HR made a typo, they close the case and create a new one.
- You decide whether to take action. You have 10 federal government working days to tell your employer.
- Your case is referred. After the referral is confirmed, you have 8 federal government working days to contact DHS or SSA, depending on which agency the notice names.
- You keep working. 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.
- Resolution. The case ends as Employment Authorized or as a Final Nonconfirmation. If you decide not to take action, it can be treated as final.
No SSN yet? This happens a lot with new arrivals. An employer can’t create an E-Verify case without an SSN. E-Verify’s guidance says the employer should let you keep working, attach a note to your I-9, and create the case once the number arrives, selecting “Awaiting Social Security number” if the case runs past the third business day.
Visa holders: EAD, I-94, STEM OPT, and H-1B transfers
This is where I spend most of my time with candidates. The table below is drawn from the M-274 sections on specific categories.
| Your situation | Typical I-9 documents | Watch out for |
|---|---|---|
| F-1 OPT | EAD (Form I-766), List A | You can’t start before the start date printed on the EAD |
| F-1 STEM OPT | Unexpired STEM OPT EAD, or an expired OPT EAD plus a Form I-20 endorsed by your DSO recommending STEM OPT while your I-765 is pending | The employer must be enrolled in E-Verify. The employer reverifies on the date it recorded. |
| H-1B with a new employer (portability) | Foreign passport plus your unexpired I-94 from the prior employer, with “AC-21” and the I-129 filing date noted | The new petition must be filed before your authorized stay ends |
| F-1 cap-gap to H-1B | Expired EAD plus Form I-797C, noted “CAP-GAP” | Reverification by September 30 of that year |
| E-2, L-1, H-1B employee | Foreign passport plus Form I-94 showing your status | The I-94 class and employer must match your real job |
STEM OPT requires E-Verify. E-Verify’s STEM OPT FAQ says employers must enroll in E-Verify, sign the MOU, and participate to hire F-1 students seeking a STEM extension. If a staffing agency or consulting firm hires you, that firm must be enrolled. The client site doesn’t need to be. Before you accept, ask for the employer’s E-Verify company ID. You’ll need it on Form I-983 anyway. My STEM OPT checklist and OPT at Korean companies guide cover the rest.
EAD automatic extensions changed. In the past, many renewal EADs were automatically extended for up to 540 days while the renewal was pending. A DHS final rule effective October 14, 2026 confirms that renewal applications filed on or after October 30, 2025 don’t get that automatic extension. The exceptions are extensions provided by law or by Federal Register notice, such as TPS. Extensions granted before the change still stand. If you’re on an EAD, file your renewal early and talk to HR before the card’s expiration date, not after.
Check your I-94. Download your most recent I-94 from CBP’s website before day one. Make sure the class (for example, E-2, L-1A, H-1B) and the admit-until date are correct. If you’re 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?
This one can hold up a start date. Spouses I talk to describe real panic when HR stares at an I-94 that shows E-2 without the S and isn’t sure it counts.
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). For L-2S, the I-94 counts as a List C #7 document with a List B ID (USCIS I-9 Central). Not legal advice; every case is different.
Check your I-94 a week before your start date. If the S is missing, ask an attorney about a CBP correction or filing an I-765 so you have an EAD.
What to bring on day one
- Your List A document, original and unexpired: a U.S. passport, Green Card, EAD, or foreign passport with I-94.
- Or List B plus List C: a photo ID (driver’s license) plus an unrestricted Social Security card or U.S. birth certificate.
- A printout of your I-94 if you’re in nonimmigrant status.
- Your I-20 and I-797 notices if you’re on STEM OPT, in cap-gap, or in an H-1B transfer.
- Your SSN, or proof that you’ve applied.
- Any receipt for a replacement document you’re waiting on.
Don’t bring photocopies and expect them to work. Bring originals, and keep your own copies at home.
“I lost my receipt notice. Will they take my expired EAD?”
Candidates with an automatically extended EAD sometimes lose the paper receipt and then worry a new employer won’t accept the expired card. A week before a start date, that’s a lonely place to be.
USCIS’s handbook shows why the receipt matters: for an automatically extended H-4 EAD, the employee shows the expired card with the Form I-797C and an unexpired I-94 showing H-4 status (M-274, Section 5). Separately, a receipt showing you applied to replace a lost, stolen or damaged document is acceptable for 90 days from hire, after which you must show the actual document.
Before day one, gather the originals and scan copies of every receipt notice. If one is missing, ask the attorney who filed it now, not the morning you start.
What’s different at Korean companies
- Name order. Korean passports, U.S. SSN cards, and HR systems sometimes list names in different orders or spellings. Use the exact name on your work authorization document in Section 1. If your SSA record is different, fix it with SSA. My post on Korean names on a resume covers how to keep things consistent.
- Big start-up orientations. New battery and auto plants often onboard large groups at once. HR teams are busy, so arrive with your documents in order. In my experience, that’s when typos get into Section 1.
- Staffing-agency hires. If you’re hired through an agency or contractor, that firm is usually your employer and does your I-9, not the plant. See contract vs direct hire.
- E-2 spouses. USCIS treats E-2 spouses as authorized to work incident to status. An unexpired I-94 showing E-2S can serve as evidence. Check the code on the I-94 when your spouse enters the U.S. See my E-2 employee guide.
Questions to ask HR before your start date
- Does the company use E-Verify at my hiring site? (This is required if I’m on STEM OPT.)
- Will I complete Section 1 online before day one or at orientation?
- Who examines my documents, and is remote review offered?
- Who is my employer of record: the company or an agency?
- Who tracks my EAD or I-94 expiration date for reverification?
FAQ
Can my employer tell me which documents to bring?
They can give you the list of acceptable documents, but you choose which ones to show. If you’re on STEM OPT, in cap-gap, or in an H-1B transfer, bring every related notice, because specific combinations apply.
Can I start working before E-Verify confirms me?
Yes. The E-Verify case is created after you start, within 3 business days. You can keep working during a mismatch while you resolve it.
My EAD expires next month. What happens?
Your employer has to reverify you by the expiration date. Renewals filed on or after October 30, 2025 generally don’t get the old automatic extension, so file early.
Is a photocopy of my Social Security card OK?
No. Documents must be originals. If you lost the card, a receipt for a replacement works for 90 days.
Does an E-Verify mismatch mean I’m in trouble?
Not necessarily. Name order, typos, and records that haven’t been updated are common causes. Follow the Further Action Notice and meet the deadlines.
Not legal advice. 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.
