How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in California

California businesses 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.

Step-by-Step Verification Process

• Complete Form I-9: Employers must have each new employee complete the Employment Eligibility Verification Form I-9 no later than the first day of employment.
• Review Acceptable Documents: Verify original documents that establish identity and employment authorization. Employees may present documents from List A or a combination from List B and List C, as specified on the I-9 form.
• Retain Documentation: Keep the completed Form I-9 on file 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): Although not mandatory in California, enrolling in the federal E-Verify system can help automate eligibility verification and reduce risks of hiring unauthorized workers.

Operational Considerations

• Training HR Staff: Ensure HR or hiring personnel are trained on proper I-9 completion and document review to avoid errors.
• Non-Discrimination Compliance: Follow anti-discrimination rules during verification to avoid unfair treatment based on citizenship or national origin.
• Recordkeeping and Audits: Maintain organized records for potential government audits and inspections.
• Automation Tools: Consider using HR software that integrates I-9 management and E-Verify to streamline the hiring process and maintain compliance.

As of 2026, these steps remain essential for California businesses to verify employee eligibility effectively and maintain operational compliance.