Step 5 - Verify Employment Eligibility

10 Steps to Starting a Business

STAGE THREE – HIRING EMPLOYEES

Complying with Employer Requirements

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Step 5 – Verify Employment Eligibility

As previously discussed, the moment a business hires even one employee, it is subjected to an overwhelming barrage of government regulations and requirements.  Stage Three of starting a business covers all the steps necessary (Steps 4 through 9) for complying with these employer requirements.  The previous newsletter discussed Step 4 – the process of obtaining employer identification numbers (EIN) at the State and Federal level.  This newsletter continues the discussion of the 10 Steps to Starting a Business, specifically focusing on Step 5 – Verifying Employment Eligibility.  So without further ado…

5.       Verify Employment Eligibility (Form I-9)

Federal law requires employers to verify an employee's eligibility to work in the United States by completing an Employment Eligibility Verification Form (I-9).  An I-9 Form must be completed for each employee within three days of hiring the employee, and must be kept on file for three years after the date of hire or one year after the date of termination.  Compliance with these I-9 requirements is governed by the U.S. Citizenship and Immigration Services (USCIS) agency, which conducts routine workplace audits to ensure that employers are properly completing and retaining their I-9 forms, and that employee information on the I-9 Forms matches government records.

E-Verify.  To assist employers in complying with the I-9 requirements, the USCIS agency created an online service called E-Verify, which allows employers to electronically verify the employment eligibility of newly hired employees by comparing the information taken from the I-9 Form with existing government records for any particular employee.  Using E-Verify should virtually eliminate Social Security mismatch letters, improve the accuracy of wage and tax reporting, protect jobs for authorized workers and help maintain a legal workforce.

So Step 5 is really about developing policies and procedures for verifying the employment eligibility of all your employees, completing I-9 forms for each employee, and retaining such forms for the required period of time.  In order to ensure procedural compliance with these requirements, it may be a good idea to use a lawyer or other professional, or simply work with a consultant or compliance specialist, to ensure your compliance with employment eligibility verification.  Assuming you have successfully implemented Step 5, you are now ready to move to Step 6 – complying with California’s New Hire Reporting Program…