How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Virginia

Businesses in Virginia 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.

Required Verification Steps

• Complete Form I-9: Employers must have each new employee complete the Form I-9, Employment Eligibility Verification, no later than the first day of work. This form collects information to confirm identity and employment authorization.
• Review Acceptable Documents: Employers must examine original documents presented by the employee from the Lists of Acceptable Documents (List A or a combination of List B and List C) provided with Form I-9. Copies of documents should be retained only if consistent with company policy and federal guidelines.
• Retain Form I-9: Maintain completed Form I-9 for all employees for at least three years after the date of hire or one year after employment ends, whichever is later. Proper recordkeeping supports compliance and audit readiness.
• Use E-Verify (Optional but Recommended): Virginia employers can voluntarily enroll in E-Verify, an online system that electronically confirms employee eligibility by comparing information from Form I-9 with government records. Some federal contractors and certain industries may require E-Verify participation.

Operational Considerations

• Training HR Staff: Ensure hiring personnel understand the Form I-9 process and document requirements to avoid common mistakes and delays.
• Automation Tools: Consider using digital I-9 and E-Verify integration software to streamline verification, reduce errors, and maintain compliance.
• Employee Classification: Properly classify workers as employees or independent contractors, as Form I-9 is mandatory only for employees.
• Compliance Monitoring: Regularly audit your hiring and verification processes to detect and correct any gaps.

As of 2026, staying current with federal updates to Form I-9 and E-Verify procedures is essential for Virginia businesses to maintain lawful hiring practices and avoid penalties.