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Work Authorization

A Work Authorization policy explains how your organization verifies each new hire's identity and eligibility to work in the U.S. (including Form I-9 and any required E-Verify steps), responds to work authorization issues, and applies verification consistently to avoid citizenship or national origin discrimination.

How to Write a Work Authorization Policy

  • Start with "why" and introduce the concept.
  • State that your organization follows federal and applicable state work authorization and employment eligibility requirements.
  • Require completion of Form I-9 for all new hires.
  • State whether E-Verify is used, including when it is required by the jurisdictions where you operate.
  • Prohibit knowingly hiring individuals who are not authorized to work in the U.S.
  • Explain that your organization will take appropriate action if it learns someone is not authorized to work.
  • Commit to consistent, non-discriminatory verification practices regardless of citizenship status or national origin.
  • Direct employees and managers to raise questions with HR before making assumptions about work authorization.

 

For advice on writing a Work Authorization policy in a specific jurisdiction, see below.

How to Write a Work Authorization Policy for a Specific Jurisdiction

State-Specific Work Authorization Policies

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.