How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in New Jersey

Businesses operating in New Jersey must verify that all employees are legally authorized to work in the United States. This process is essential for compliance and avoiding penalties.

Steps for Employee Eligibility Verification

• Complete Form I-9: Employers must have each new hire complete the federal Form I-9, Employment Eligibility Verification, no later than the first day of employment.
• Review Acceptable Documents: Employers must examine original documents presented by the employee that establish identity and employment authorization. These documents must be from the official Lists of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS).
• Retain Form I-9: Keep the completed Form I-9 on file for each employee for at least three years after the date of hire or one year after employment ends, whichever is later.
• Use E-Verify (Optional but Recommended): New Jersey encourages employers to use the E-Verify system to electronically confirm employee eligibility. This system compares Form I-9 information against government records.

Operational Considerations for New Jersey Employers

• Timing: Ensure Form I-9 is completed and documents are reviewed on or before the first day of work to maintain compliance.
• Recordkeeping: Maintain organized records of Form I-9s to facilitate audits and inspections.
• Employee Classification: Properly classify workers as employees or independent contractors since Form I-9 is only required for employees.
• Compliance Training: Train HR and hiring personnel on the correct procedures to avoid errors in verification and documentation.
• Integration with Payroll: Coordinate eligibility verification with payroll systems to ensure only authorized employees are paid.

As of 2026, staying updated on federal guidelines and New Jersey-specific employment regulations will help maintain compliance and streamline hiring operations.