How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Kansas

Businesses in Kansas must verify that all new hires are legally authorized to work in the United States. This process ensures compliance with federal immigration laws and helps avoid penalties.

Steps to Verify Employee Work Eligibility

• Complete Form I-9: Employers must have each new employee complete the Employment Eligibility Verification Form I-9 no later than the first day of employment. This form collects information to confirm identity and employment authorization.
• Review Acceptable Documents: Employers must examine original documents presented by the employee that establish identity and work authorization. Kansas businesses should follow the federal guidelines on acceptable documents listed on the Form I-9 instructions.
• Retain Form I-9: Keep the completed Form I-9 on file for each employee for three years after the date of hire or one year after employment ends, whichever is later.
• Use E-Verify (Optional but Recommended): As of 2026, Kansas does not mandate E-Verify participation for most private employers, but using the federal E-Verify system can help confirm employee eligibility electronically and reduce errors.

Related Operational Considerations

• Recordkeeping: Maintain accurate and organized I-9 records to facilitate audits and compliance reviews.
• Training: Train HR personnel on proper I-9 completion and document review to avoid mistakes that could lead to penalties.
• Employee Classification: Ensure correct classification of workers (employee vs. contractor) before completing eligibility verification.
• Compliance Audits: Periodically review hiring processes and I-9 forms to ensure ongoing compliance with federal and state requirements.