How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Indiana

Businesses operating in Indiana must verify that all new hires are legally authorized to work in the United States. This process is essential for compliance with federal and state employment regulations.

Step 1: Complete Form I-9

• Obtain Form I-9: Use the official U.S. Citizenship and Immigration Services (USCIS) Form I-9, Employment Eligibility Verification.
• Employee Completion: Have the employee complete Section 1 of Form I-9 on their first day of employment.
• Employer Review: Within three business days, review acceptable identity and employment authorization documents provided by the employee, such as a U.S. passport, permanent resident card, or driver’s license combined with a Social Security card.
• Complete Section 2: Fill out Section 2 of Form I-9 to certify the documents have been reviewed and appear genuine.

Step 2: Use E-Verify (Optional but Recommended)

As of 2026, Indiana encourages businesses to participate in the federal E-Verify program for electronic confirmation of employee eligibility. While not mandatory for all employers, using E-Verify helps reduce the risk of hiring unauthorized workers.

• Enroll in E-Verify: Register your business through the official E-Verify website.
• Submit Employee Information: After completing Form I-9, submit the employee’s information to E-Verify for confirmation.
• Follow Up: Respond promptly to any tentative non-confirmations and complete the required steps within the specified timeframe.

Additional Operational Considerations

• Recordkeeping: Retain completed Form I-9s for all employees for at least three years after the date of hire or one year after termination, whichever is later.
• Training: Train HR and hiring personnel on proper Form I-9 completion and E-Verify procedures to maintain compliance.
• Non-Discrimination: Apply verification procedures uniformly to all employees to avoid discriminatory practices.
• Integration with Payroll: Ensure employee eligibility verification is completed before processing payroll to prevent unauthorized work payments.