How should businesses verify employee eligibility to work?

Verifying Employee Eligibility to Work in Texas

Businesses operating in Texas must verify that all employees are legally authorized to work in the United States. This process is essential for compliance with federal immigration laws and to avoid penalties.

Steps to Verify Employee Eligibility

• Complete Form I-9: Employers must have each new hire complete the Form I-9, Employment Eligibility Verification, no later than the first day of employment. The employer must review the employee’s documents and complete the employer section within three business days.
• Acceptable Documents: Review original documents from the Lists of Acceptable Documents provided by the U.S. Citizenship and Immigration Services (USCIS). These include documents that establish identity and employment authorization.
• Use E-Verify: Although not mandatory for all Texas employers, enrolling in E-Verify is recommended. E-Verify is an online system that compares information from Form I-9 to government records to confirm eligibility.

Operational Considerations

• Recordkeeping: Retain completed Form I-9s for all employees for at least three years after the date of hire or one year after termination, whichever is later.
• Employee Classification: Properly classify workers as employees or independent contractors to ensure correct application of eligibility verification requirements.
• Compliance and Audits: Maintain organized records to facilitate potential audits by federal agencies such as the Department of Homeland Security or Immigration and Customs Enforcement.
• Training: Train HR and payroll staff on proper I-9 completion and E-Verify procedures to reduce errors and delays in onboarding.

Summary

As of 2026, Texas businesses must complete Form I-9 for all new hires and are encouraged to use E-Verify for enhanced verification. Maintaining accurate records and understanding employee classification supports compliance and smooth operational workflows.