How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in New Mexico

Businesses operating in New Mexico must verify that all new hires are legally authorized to work in the United States. This process ensures compliance with federal and state employment regulations and helps avoid penalties.

Steps for Employee Eligibility Verification

• Complete Form I-9: Employers must have each new employee complete the Employment Eligibility Verification Form I-9. This form collects information to confirm the employee’s identity and work authorization.
• Review Acceptable Documents: Employers must examine original documents presented by the employee that establish identity and employment authorization. These documents are listed on the Form I-9 instructions under List A, or a combination of List B and List C documents.
• Retain Form I-9: Keep completed Form I-9s on file for all employees 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 Mexico employers can use the federal E-Verify system to electronically confirm employee eligibility. While not mandatory for all employers, E-Verify helps reduce the risk of hiring unauthorized workers.

Operational Considerations

• Timing: Form I-9 must be completed no later than the first day of employment.
• Non-Discrimination: Treat all employees consistently during verification to avoid discrimination claims.
• Recordkeeping: Maintain organized records of Form I-9s and any E-Verify case results for audits or compliance reviews.
• Training: Train HR and hiring staff on proper I-9 completion and document review to prevent errors.

Related Compliance Areas

Along with eligibility verification, businesses should ensure compliance with New Mexico’s payroll reporting, tax withholding, and employee classification requirements to maintain smooth hiring operations.