How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in New York

Businesses operating in New York must verify that all new hires are legally authorized to work in the United States. This process is essential for compliance with federal and state regulations and helps avoid penalties related to unauthorized employment.

Steps for Employee Eligibility Verification

• Complete Form I-9: Employers must have each new employee complete the Employment Eligibility Verification Form I-9 within three days of hire. This form collects information to confirm identity and employment authorization.
• Review Acceptable Documents: Employers must examine original documents presented by the employee to establish identity and work authorization. Documents fall into three categories: List A (documents proving both identity and employment authorization), or a combination of List B (identity) and List C (employment authorization).
• Retain Form I-9: Keep completed I-9 forms on file for all employees 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): As of 2026, New York encourages employers to use the E-Verify system, a federal online tool that confirms employee eligibility quickly and helps reduce hiring risks.

Additional Operational Considerations

• Employee Classification: Correctly classify workers as employees or independent contractors to ensure proper eligibility verification and payroll compliance.
• Recordkeeping: Maintain accurate records of eligibility verification as part of your overall compliance and audit readiness strategy.
• Training and Automation: Train HR staff on I-9 requirements and consider automating the verification process to reduce errors and improve efficiency.
• Non-Discrimination: Apply eligibility verification uniformly to all employees to avoid discriminatory hiring practices.

Summary

To verify employee eligibility in New York, complete and retain Form I-9 for every new hire, review acceptable documents carefully, and consider using E-Verify to enhance compliance. Integrate this process with your hiring, payroll, and recordkeeping systems to maintain operational efficiency and meet all regulatory requirements.