How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in New Mexico

Businesses in New Mexico must verify that all employees are legally authorized to work in the United States before starting employment. This process ensures compliance with federal immigration laws and helps avoid penalties.

Steps for Employee Eligibility Verification

• Use Form I-9: Complete the Employment Eligibility Verification Form I-9 for every new hire. This form requires the employee to provide acceptable identity and employment authorization documents.
• Review Documents Carefully: Examine original documents presented by the employee to confirm they are genuine and relate to the employee. Acceptable documents include a U.S. passport, permanent resident card, or a combination of a driver’s license and Social Security card.
• Retain Form I-9: 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 New Mexico, enrolling in the federal E-Verify system can help automate the verification process and reduce errors. E-Verify compares employee information against government records to confirm eligibility.

Operational Considerations

• Training HR and Hiring Managers: Ensure staff responsible for hiring understand how to properly complete Form I-9 and identify acceptable documents.
• Recordkeeping Compliance: Maintain secure and organized records of Form I-9s to facilitate audits or inspections by government agencies.
• Integration with Payroll: Link eligibility verification with payroll systems to ensure only authorized employees are paid, reducing compliance risks.
• Employee Classification: Properly classify workers as employees or independent contractors, as eligibility verification requirements differ.

As of 2026, businesses should stay updated on federal guidance related to Form I-9 and E-Verify to maintain compliance. Regularly reviewing hiring procedures and leveraging automation tools can streamline eligibility verification and support overall workforce management.