Every new hire in the US goes through the same paperwork: you fill in your part of a Form I-9 on your first day, your employer checks your documents within three business days, and if the employer uses E-Verify, the system cross-checks that information against government records. If you are not a citizen or green card holder, your work permit is usually the Employment Authorization Document (the EAD, Form I-766). None of this replaces the others, and one point matters more than any: a mismatch in E-Verify is not a firing. It is a step you have the right to fix. Here is how proving you can work actually plays out on a jobsite.
The Form I-9: the document behind every hire
Form I-9 (Employment Eligibility Verification) is a federal requirement for every employer and every new hire, whatever your citizenship or visa type. In 2026 it works like this:
- You complete Section 1 by the end of your first day of paid work. This is your part: your details and an attestation of your status.
- Your employer completes Section 2 within three business days of your start date. They physically examine your original documents from the official USCIS list and record them.
- Your employer cannot demand more than the list requires, and cannot insist on particular documents. Telling you which specific documents to bring, or refusing valid ones because of how you look or sound, is document abuse and is unlawful. You choose which acceptable documents to present.
- The completed I-9 is not filed with any government agency. Your employer keeps it on file and must produce it if DHS, the Department of Labor, or the DOJ asks to inspect it.
One reminder that ties back to the SSN and ITIN guide: the I-9 verifies your identity and work-authorization documents, not a Social Security Number by itself, and an ITIN can never be used on an I-9.
The EAD (Form I-766): your work permit in one card
If you are not a US citizen or green card holder, the Employment Authorization Document is often how you prove you can work. It is a wallet-sized photo card, and on the I-9 it is a "List A" document, meaning it establishes both your identity and your work authorization on its own. You present it alone; you do not need to add anything alongside it.
How you get to work authorization depends on your route:
- On a temporary work visa tied to a specific employer (such as an H-2B), the approval of your employer's petition is your underlying work authorization for that job. You are authorized to work for that employer.
- With a pending adjustment-of-status application, or as certain categories of dependent, you apply separately for an EAD using Form I-765. In 2026, budget several months (a common working estimate is three to six) for an initial EAD, though processing times move. Verify current times at egov.uscis.gov/processing-times.
Because the EAD often has an expiry tied to your status, keep an eye on renewal dates so you do not accidentally fall out of authorization. The specifics of eligibility and renewal are exactly the kind of thing to confirm with an immigration attorney.
E-Verify: what it does, and what it does not do
E-Verify is a free federal system run by DHS and the Social Security Administration. Employers who use it enter your I-9 information and the system cross-checks it against government databases, usually returning a result in seconds. There are three outcomes:
- Employment Authorized. The records match and you can start work.
- Tentative Nonconfirmation (TNC). The records did not match, but this is not a final decision and it is not grounds to fire you. Your employer must tell you right away, and you have the right to contest the result with the relevant agency. Your employer cannot dismiss you or take any adverse action based on a TNC alone.
- Final Nonconfirmation. This only happens if you do not contest the TNC, or your contest is unsuccessful. At that point the employer must end the employment.
Two things are widely misunderstood and worth stating plainly. First, a TNC is not proof that anything is wrong with your status. E-Verify does not actually verify immigration status; it checks whether the information on your I-9 matches SSA and DHS records. A mismatch is often a clerical error, a name change, or a slip. Second, E-Verify does not replace the I-9. Even employers who use E-Verify still have to complete the I-9.
If you get a TNC, do not panic and do not walk off the job. Ask your employer for the referral paperwork, note the deadline to contest, and if you are unsure why the mismatch happened, that is a good moment to talk to a worker center or an immigration attorney.
Where E-Verify is required
E-Verify is voluntary for most private employers, but it is mandatory for all federal contractors, and a number of states require it, some for all employers and some above a size threshold. Whether your employer must use it depends on the state and the employer, so route that specific to Working in Your State. Wherever it is used, the I-9 still applies.
Where this guide stops
This page is about the mechanics of proving you can work. Your protections on the job, minimum wage, overtime, a safe site, freedom from retaliation, and the fact that these apply regardless of status, are covered in a separate guide (see below). And anything about your actual immigration status, eligibility for an EAD, or an encounter with enforcement is a matter for a licensed immigration attorney, not a web page.
Common questions
When do I fill out the I-9, and can my boss demand specific documents?
You complete your part of the Form I-9 (Section 1) by the end of your first day of paid work, and your employer completes their part within three business days of your start date. Your employer cannot demand particular documents; you choose which acceptable documents from the official list to present. Insisting on specific documents, or rejecting valid ones based on how you look or sound, is document abuse and is unlawful. The completed I-9 stays with your employer and is not filed with any agency. Verify current I-9 rules at uscis.gov.
What is an EAD, and how long does it take to get one?
The EAD (Employment Authorization Document, Form I-766) is a photo card that proves both your identity and your work authorization, and on the I-9 you can present it on its own. Depending on your route, you either rely on your visa petition or apply for the EAD using Form I-765. In 2026 an initial EAD commonly takes several months, but processing times change, so check egov.uscis.gov/processing-times. If your work authorization is tied to a specific employer visa, that petition approval is your authorization for that job. Eligibility questions belong with an immigration attorney.
Does an E-Verify mismatch mean I'm fired?
No. A Tentative Nonconfirmation (TNC) is not a final decision and is not grounds for dismissal. Your employer must tell you immediately, and you have the right to contest it with the relevant agency. The employer cannot take adverse action based on a TNC alone. Mismatches are often clerical errors, name changes, or mistakes, not proof of a status problem. Only a Final Nonconfirmation, after an uncontested or unsuccessful contest, requires the employer to end the job. If you get a TNC, ask for the referral paperwork and consider talking to an attorney.
Does E-Verify actually check my immigration status?
No. E-Verify checks whether the information on your I-9 matches Social Security and DHS records; it does not directly verify immigration status. A mismatch can come from a clerical error or a name change rather than anything wrong with your status. It is also not a substitute for the I-9: employers who use E-Verify still have to complete the I-9. Whether your employer is required to use E-Verify at all depends on the state and the employer, so check Working in Your State.
The honest bit
- This is general information about work-authorization paperwork, not legal or immigration advice. Your eligibility for an EAD, your status, and anything about enforcement are matters for a licensed immigration attorney (aila.org) or a DOJ/EOIR-recognized accredited nonprofit, not a notario or unlicensed consultant.
- The mechanics here are federal and current for 2026. Verify I-9 and EAD details at uscis.gov, processing times at egov.uscis.gov/processing-times, and E-Verify at e-verify.gov before relying on any timing.
- Whether your employer must use E-Verify varies by state and employer size. Route that specific to Working in Your State.
- Your rights on the job (pay, safety, no retaliation) apply regardless of status and are covered in a separate guide. If an employer threatens you over immigration for asserting those rights, that is itself unlawful; talk to a worker center or an attorney.
Know someone who needs this?
Keep reading
Templates you might need
Sources
- USCIS - I-9, Employment Eligibility Verification · Every employer must complete Form I-9 for every new hire, citizen or not, and the acceptable-document lists are set on the form itself rather than by the employer
- USCIS - I-765, Application for Employment Authorization · The application that produces an Employment Authorization Document, and who is eligible to file one
- E-Verify · E-Verify is a separate system from the I-9 and is mandatory only for some employers and some states, so being enrolled is a fact about your employer and not about you
Was this guide useful?
Didn't find what you were looking for?
Spotted something wrong or out of date? Email us at hello@kilnguides.co.uk.
In crisis? 988 Suicide & Crisis Lifeline 988 ·