How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in New York

Businesses operating in New York must confirm 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 new hires complete the U.S. Citizenship and Immigration Services (USCIS) Form I-9 within three business days of their start date.
• Review Acceptable Documents: Collect and examine original documents from the employee that prove identity and work authorization. These documents are listed on the Form I-9’s Lists of Acceptable Documents.
• 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.

Additional Operational Considerations

• E-Verify Participation: While voluntary in New York for most employers, using E-Verify can automate eligibility verification and reduce errors.
• Recordkeeping: Maintain accurate and secure records of all verification documents to support compliance during audits.
• Training: Train HR and hiring personnel on proper I-9 completion and document review to avoid common mistakes.
• Compliance Monitoring: Regularly audit your hiring and eligibility verification processes to ensure ongoing compliance with federal and state requirements.