How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Minnesota

Businesses operating in Minnesota must verify that employees are legally authorized to work in the United States. This process is essential for compliance with federal and state regulations and helps avoid penalties related to unauthorized employment.

Steps to Verify Employee Work Eligibility

• Complete Form I-9: Employers must have each new hire complete the Employment Eligibility Verification Form I-9. This form collects information about the employee’s identity and work authorization.
• Review Acceptable Documents: Employers must examine original documents presented by the employee from the Lists of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS). These documents prove identity and employment authorization.
• Retain Form I-9: Minnesota businesses must retain completed Form I-9 for all employees for either three years after the date of hire or one year after employment ends, whichever is later.
• Use E-Verify (Optional but Recommended): While not mandatory in Minnesota, enrolling in the federal E-Verify system allows employers to electronically confirm employee eligibility quickly and reduce errors in Form I-9 processing.

Operational Considerations

• Training HR Staff: Ensure hiring managers and HR personnel are trained on proper I-9 completion and document verification to maintain compliance.
• Recordkeeping: Maintain organized records of Form I-9 and any E-Verify results to prepare for potential audits or inspections.
• Employee Classification: Properly classify employees versus contractors, as Form I-9 verification applies only to employees.
• Compliance Updates: Stay informed on federal and Minnesota-specific employment verification regulations, as requirements may change over time.

As of 2026, following these steps will help Minnesota businesses verify employee eligibility effectively and maintain operational compliance.