How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Texas

In Texas, businesses must verify that all new hires are legally authorized to work in the United States. This process is essential to remain compliant with federal and state employment regulations.

Steps to Verify Employee Eligibility

• Complete Form I-9: Employers must have each new employee complete the Employment Eligibility Verification (Form I-9) on or before the first day of employment. This form confirms 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 include a U.S. passport, permanent resident card, or driver's license combined with a Social Security card.
• Retain Form I-9: Keep the completed Form I-9 on file for all employees 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 not mandatory statewide in Texas, many businesses choose to use the E-Verify system to electronically confirm employee eligibility. This can reduce compliance risks and streamline verification.
• Recordkeeping: Maintain organized records of all I-9 forms and any E-Verify case results. Proper recordkeeping supports audits and inspections.
• Training HR Staff: Ensure that hiring managers and HR personnel understand the verification process and document requirements to prevent errors and delays.
• Compliance Updates: As of 2026, regularly review federal and Texas state regulations to stay current with any changes in employee eligibility verification processes.