How to Verify If Someone is Legally Authorized to Work in the United States

Ensuring that an individual is legally authorized to work in the United States is crucial for employers to comply with federal laws and regulations. Hiring someone without proper work authorization can lead to serious legal and financial consequences. Here’s a comprehensive guide on how to verify if someone is [[legally authorized to work in the United States](https://www.ayiconnection.com/blog/how-can-you-define-legally-authorized-to-work-in-the-us)].

1. Understand the Legal Requirements

Before beginning the verification process, it's essential to understand what "legally authorized to work in the United States" means. It refers to individuals who have obtained the necessary documentation and permissions to work within the country. This includes U.S. citizens, lawful permanent residents, and non-citizens with work visas or permits.

2. Use the Form I-9

The Form I-9, officially known as the Employment Eligibility Verification form, is a key tool for verifying work authorization. Employers are required to complete this form for every new hire. The form consists of three sections:

Section 1: The employee provides personal information and attests to their work authorization status.
Section 2: The employer reviews and records the documents presented by the employee to prove their identity and work authorization.
Section 3: Used for re-verification or updating information, if applicable.
It’s crucial that the Form I-9 is completed within three business days of the employee’s start date.

3. Review Acceptable Documents

To determine if someone is legally authorized to work in the United States, review the documents they present. The documents must be on the list of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS). Commonly accepted documents include:

U.S. passport or passport card
Permanent Resident Card (Green Card)
Employment Authorization Document (EAD)
Driver’s license or state ID combined with a Social Security card
Ensure that the documents are valid and not expired.

4. Use E-Verify

E-Verify is an electronic system that allows employers to confirm an employee’s work authorization with the U.S. Department of Homeland Security and the Social Security Administration. Participation in E-Verify is voluntary for most employers, but some states and federal contractors are required to use it.

By entering the employee’s information into the E-Verify system, you can receive confirmation of their eligibility to work in the United States. This system helps to further ensure that your employees are indeed legally authorized to work.

5. Be Aware of Legal Obligations

Employers must comply with anti-discrimination laws when verifying work authorization. This means treating all employees equally and not discriminating based on national origin or citizenship status. The verification process should be carried out uniformly for all employees.

6. Stay Updated on Immigration Laws

Immigration laws and regulations can change. Stay informed about current laws and updates related to work authorization to ensure ongoing compliance. Regularly check resources from USCIS and other relevant agencies for any changes in the documentation or verification process.

By following these steps, you can effectively verify if someone is legally authorized to work in the United States. Adhering to these procedures not only ensures compliance but also helps maintain a lawful and ethical workplace.