How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in South Carolina

Businesses operating in South Carolina must verify that all new hires are legally authorized to work in the United States. This process helps ensure compliance with federal and state employment regulations.

Step-by-Step Verification Process

• 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 fall into three categories: List A (documents proving both identity and employment eligibility), or a combination of List B (identity) and List C (employment eligibility) 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.
• Use E-Verify (Optional but Recommended): South Carolina encourages employers to use the federal E-Verify system to electronically confirm employment eligibility. This system compares employee information against government records for faster verification.

Additional Operational Considerations

• Timing: Form I-9 must be completed within three business days of the employee’s start date.
• Non-Discrimination: Verify all employees consistently without regard to citizenship status or national origin to avoid discrimination claims.
• Recordkeeping: Maintain secure and organized records of Form I-9s and any E-Verify results to support compliance audits.
• Training: Train HR and hiring personnel on proper I-9 completion and document inspection to reduce errors and delays.

By following these steps, South Carolina businesses can streamline hiring processes, maintain compliance, and reduce risks related to unauthorized employment.