No, E-Verify does not replace Form I-9—all employers must complete I-9 for every employee regardless of E-Verify participation. E-Verify is a supplemental electronic system operated by the Department of Homeland Security and Social Security Administration that allows employers to verify employee work authorization by comparing I-9 information against federal databases, but it functions as an additional compliance step after I-9 completion, not a substitute for the form itself. E-Verify is mandatory for federal contractors, subcontractors, and employers in states with mandatory E-Verify laws (Arizona, Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah as of 2025), while remaining voluntary for other private employers. Nevada does not mandate E-Verify, making it optional for most Las Vegas and Henderson businesses unless they hold federal contracts.

The E-Verify process requires employers to first complete Section 2 of the I-9 form by examining employee identity and work authorization documents, then enter the I-9 data into the E-Verify system within 3 business days of the employee's hire date. E-Verify returns either an "Employment Authorized" result confirming the employee is authorized to work, or a "Tentative Nonconfirmation" (TNC) requiring the employee to resolve discrepancies with SSA or DHS within 8 federal working days. Employers cannot take adverse action against employees based on TNC results alone—the employee must be given the opportunity to contest the finding. E-Verify participation creates additional documentation requirements including retention of case results, employee rights notifications, and anti-discrimination compliance, as improper use of E-Verify (such as pre-employment screening or selective verification based on national origin) violates federal law and triggers separate penalties.

Lake Mead Mobile Notary provides I-9 verification services that create the foundation for E-Verify compliance by ensuring Section 2 is completed accurately before data entry into the E-Verify system. Our mobile notaries serve businesses throughout Henderson, Las Vegas, and Clark County, examining employee documents in person and completing I-9 forms with the precision E-Verify requires—correct spelling of names, accurate document numbers, proper date formatting, and compliant attestations. For employers enrolled in E-Verify, this professional verification service reduces TNC rates caused by data entry errors, ensures I-9 and E-Verify records match during audits, and demonstrates the good-faith compliance effort federal regulators expect when reviewing both I-9 forms and E-Verify case files.

Employers must retain completed I-9 forms for 3 years after the date of hire OR 1 year after employment termination, whichever is later. This means an employee hired on January 1, 2023, and terminated on June 30, 2024, requires I-9 retention until January 1, 2026 (3 years from hire date), not July 1, 2025 (1 year from termination). The "whichever is later" rule ensures long-term employees who leave before the 3-year mark still have their I-9 retained for 1 year post-termination, while short-term employees who leave within months of hire still have their I-9 retained for the full 3 years from hire date. Early destruction or loss of I-9 forms before the required retention period expires triggers automatic penalties of $288 to $2,861 per missing form during ICE audits, even if the original I-9 was completed correctly.

The retention requirement applies to all I-9 forms regardless of whether the employee was full-time, part-time, seasonal, or temporary, and includes all supporting documentation such as copies of identity documents (if the employer chose to retain them), reverification records (Section 3), and any notes or correspondence related to the I-9 completion process. Employers must store I-9 forms separately from personnel files and ensure they are readily accessible for ICE inspection—typically within 3 business days of receiving a Notice of Inspection. Digital storage is permitted if the system maintains data integrity, prevents unauthorized alterations, and can produce readable paper copies on demand. Many employers struggle with I-9 retention compliance due to poor tracking systems that don't automatically calculate retention deadlines or flag forms eligible for destruction.

Lake Mead Mobile Notary provides I-9 verification services with detailed record-keeping support that helps Las Vegas and Henderson employers maintain compliant I-9 files. When our mobile notaries complete Section 2 as authorized representatives, we provide employers with date-stamped verification records that clearly document hire dates and retention deadlines, making it easier to manage the 3-year/1-year rule. We also offer guidance on Henderson area businesses regarding digital I-9 storage solutions and audit preparation strategies that ensure your I-9 forms remain accessible and compliant throughout the entire retention period.