Can determinations be completed electronically?

Yes. Electronic completion is legally valid under the ESIGN Act and UETA when intent, consent, attribution, and reliable record retention are present. Ensure the platform captures an audit trail and the employee consents to electronic processes when required.

Is notarization required for verification?

Not generally. Standard employment eligibility verification (such as I-9) does not require notarization; only specific circumstances or state rules may require notary acknowledgment. Check state notary guidance before requesting notarization.

What happens if a field is entered incorrectly?

Errors can create audit issues or trigger penalties. Correct mistakes promptly, maintain a revision history, and retain both the corrected and original records consistent with your retention policy and regulatory requirements.

How long must these records be kept?

Follow federal retention rules: I-9 records for three years after hire or one year after termination (whichever is later), IRS records at least three years. Industry-specific rules such as HIPAA may require longer retention.

Can a third party perform verifications?

Yes, authorized agents or third-party vendors may perform verification if the employer retains responsibility. Maintain documentation of delegation and ensure vendor controls meet applicable security and retention standards.

Are scanned copies acceptable for audits?

Scanned copies are acceptable where allowed, provided originals were examined and the electronic copy preserves an audit trail and reproduces the record accurately. For certain processes or agencies, retaining the original or following agency rules may be required.

Electronic Signature
Templates
HR
Employee Eligibility Determination

Employee Eligibility Determination

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE ELIGIBILITY DETERMINATION

Employer Name: Division/Unit:

Review Date: HR Reviewer:

Personal Information

Full Name Current Address

Phone Number

Email Address

Date of Birth

Government ID (last 4 digits)

Position Information

Position Title

Department

Reporting Manager

Proposed Start Date

Compensation

Eligibility Criteria and Clearance

Citizenship / Work Authorization (select one):

U.S. Citizen Lawful Permanent Resident Temporary work authorization

If temporary authorization, authorized until:

Background Check

Background check required Pending Cleared Not cleared If not cleared, provide explanation

Drug / Substance Screening

Drug test required Pending Negative / Cleared Positive / Not cleared If positive, provide notes

Licenses, Certifications or Medical Requirements

Required Professional License/Certification

License / Cert Number

Expiration Date

Verified Verification complete

Security Clearance / Access Requirements

Security clearance required Clearance verified / Active

Overall Eligibility Determination

Eligible for hire without restriction Eligible with conditions Not eligible for hire If determined eligible with conditions, list conditions

Employment History (most recent first)

Employer 1 — Company Name

Title

Start Date

End Date

Primary Responsibilities Reason for Leaving

Employer 2 — Company Name

Title

Start Date

End Date

Primary Responsibilities Reason for Leaving

Education

Highest Degree or Credential Institution Graduation Date

References

Reference 1 — Name

Reference 2 — Name

Reference 3 — Name

Legal Disclosures and Certifications

At-Will Employment: Employment with the employer is at-will unless a written employment agreement signed by an authorized representative states otherwise. Either the employee or the employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.

Equal Opportunity: The employer provides equal employment opportunities without regard to race, color, religion, sex, national origin, age, disability, or any other protected characteristic under applicable law. Hiring determinations are based on qualifications, experience, and the results of required employment screening.

Applicant Certification and Authorization

I certify that the information provided on this form and in any accompanying documents is true, complete, and accurate to the best of my knowledge. I understand that any false statement, omission, or misrepresentation may result in denial of employment or termination if employed.

By signing below, I authorize the employer and its agents to contact my previous employers, educational institutions, references, and licensing authorities to verify the information provided and to conduct background checks, reference checks, drug screening, and any other screening permitted by law that the employer deems necessary for evaluation of my eligibility for employment.

I consent to background checks and verification as described above. I consent to required drug and substance screening. I consent to contact with listed references and previous employers.

Data Use and Retention: Personal information collected for eligibility determination will be used solely for employment screening, onboarding, and compliance with applicable legal and regulatory requirements. Records will be retained in accordance with employer policy and applicable law.

HR Determination Notes

HR Notes

Applicant Printed Name:

Signature:

Date:

What an Employee Eligibility Determination Is

An Employee Eligibility Determination documents an employer's verification that a worker is authorized to work in the United States. It typically records the methods used to confirm identity and work authorization, the supporting documents reviewed, and the date verification occurred. Employers use the form to satisfy legal requirements for hiring and to create a retrievable record for audits or enforcement. This record helps demonstrate compliance with federal requirements and supports consistent onboarding practices across locations and hiring channels.

Why this document matters for hiring and compliance

A clear Employee Eligibility Determination reduces legal risk, supports consistent hiring decisions, and creates an auditable record that demonstrates compliance with federal employment and immigration verification obligations.

Who completes and relies on the Employee Eligibility Determination

Keep a copy in the employee file and make it available to authorized compliance personnel and government auditors when required.

HR administrators who manage onboarding and retention of verification records for audits and compliance.
Payroll or operations staff who require proof of eligibility before payroll or benefits enrollment.
Third-party onboarding vendors or staffing agencies that perform identity and work-authorization checks on behalf of employers.

Primary signers and reviewers

HR Manager

An HR Manager or onboarding specialist completes and signs the determination after reviewing original documentation. They are responsible for accurate recording, retention, and responding to audit requests regarding hiring verification.

Payroll Officer

A Payroll Officer relies on completed determinations before activating payroll or benefits. They confirm that documentation aligns with payroll records and escalate discrepancies for HR review.

Core elements to include in a professional determination

A complete Employee Eligibility Determination contains standardized fields and controls to ensure consistent verification, defendable records, and clear audit trails across hiring events.

Employee identity

Full legal name, date of birth, and identification method used to confirm identity; document details should match government-issued ID exactly to avoid disputes.

Work authorization

Clear indication of citizenship, permanent residency, or work-authorized noncitizen status and the class of authorization or document basis for employment eligibility.

Document review

List of documents inspected (type, issuing authority, document number or last four digits), plus the condition observed (original, unexpired).

Verification date

The exact date the employer examined the documentation and completed the determination; this date anchors retention and audit timelines.

Reviewer identity

Name and title of the person who examined and signed the determination, including business contact and location of review.

Audit metadata

A chained audit trail element (timestamp, IP or location, method of signing) to support electronic verification and demonstrate integrity of the record.

Step-by-step: completing an Employee Eligibility Determination

Follow these steps to complete and preserve a compliant verification record for each new hire.

01

Collect documents: Request acceptable identity and work-authorization documents from the employee.
02

Examine originals: Inspect originals in person or via an approved remote process and note document condition.
03

Record details: Complete each field accurately and enter the verification date.
04

Sign and retain: Authorized verifier signs; store the record per retention rules.

Configuring a digital verification workflow

Set up fields and permissions to ensure consistent completion, secure access, and traceable audit data.

Field	Configuration
Required fields	Make name, DOB, docs reviewed, and verifier required.
Conditional logic	Show additional fields when noncitizen status is selected.
Signer roles	Assign verification role to HR or authorized verifier only.
Access control	Limit view/edit rights to HR and compliance reviewers.

Typical digital verification sequence

A clear digital flow reduces errors, captures audit data, and supports secure storage.

Upload: Sender uploads the determination template and assigns fields.
Assign signer: Assign verifier role and provide signer instructions.
Authenticate: Signer authenticates using chosen method (email, SMS, KBA).
Complete: Signer fills fields, signs, and the system records an audit trail.

Technical considerations for eSubmission and signing

Verify the platform meets relevant compliance needs (e.g., retention, audit trails, and any industry-specific security requirements) before production use.

Authentication: Supports email, SMS, KBA, or stronger methods.
Field types: Allows conditional, required, and date fields.
Integrations: Connects with HRIS and document storage systems.

Security and compliance controls to include

Encryption: TLS in transit; AES-256 at rest

Audit trail: Timestamped action history

HIPAA BAA: Available where PHI is present

Access control: Role-based permissions

Authentication: Multi-factor options

Data residency: Configurable storage locations

Common preparation pitfalls to avoid

Failing to record exact document details (type, issuer, number) increases audit risk and may trigger enforcement actions.
Using inconsistent naming or date formats across records leads to mismatches between payroll, benefits, and verification files.
Permitting untrained staff to perform verification without clear authority can create liability and inaccurate records.
Relying on images or scans without secure audit metadata can make it difficult to demonstrate when and how a document was reviewed.

Consequences of incomplete or incorrect determinations

Tax penalties: Potential reporting penalties if eligibility affects tax classification

I-9 fines: Civil fines $281–$2,789 per violation

Civil liability: Legal exposure for discriminatory practices

Reputational harm: Public enforcement can damage brand

Invalid action: Employment decisions may be overturned

Benefits denial: Incorrect records can delay benefits

Key deadlines and timing considerations

Certain deadlines affect retention and related submissions; meeting them reduces penalties and ensures regulatory compliance.

I-9 retention rule:

Retain for three years after hire or one year after termination, whichever is later (8 CFR §274a.2).

W-9 timing:

W-9 is provided to payers upon request; correct TIN avoids backup withholding.

W-2 distribution:

Employee copies must be issued by January 31 each year.

1099-NEC deadlines:

Provide 1099-NEC to recipients and IRS by January 31.

Federal tax filing:

Individual returns due April 15 unless extended with Form 4868.

Typical processing milestones for verification

Track milestones from candidate acceptance through record retention to ensure each compliance step is documented.

01

Offer acceptance

Candidate accepts offer and provides documentation for verification.

02

Document inspection

Authorized verifier examines originals or approved remote evidence.

03

Record completion

Determination is completed, signed, and dated in the system.

04

Retention start

Retention clock begins on the verification date for regulatory timelines.

Sample eSignature vendor comparison for Employee Eligibility Determination workflows

A concise comparison of commonly considered vendors and typical starting prices; signNow is listed first per vendor conventions and pricing is annual-billed where noted.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial, no card	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Employee Eligibility Determination

Answers to common operational and compliance questions about completing, retaining, and validating determinations.

Need help? Contact support

Can determinations be completed electronically?
Yes. Electronic completion is legally valid under the ESIGN Act and UETA when intent, consent, attribution, and reliable record retention are present. Ensure the platform captures an audit trail and the employee consents to electronic processes when required.
Is notarization required for verification?
Not generally. Standard employment eligibility verification (such as I-9) does not require notarization; only specific circumstances or state rules may require notary acknowledgment. Check state notary guidance before requesting notarization.
What happens if a field is entered incorrectly?
Errors can create audit issues or trigger penalties. Correct mistakes promptly, maintain a revision history, and retain both the corrected and original records consistent with your retention policy and regulatory requirements.
How long must these records be kept?
Follow federal retention rules: I-9 records for three years after hire or one year after termination (whichever is later), IRS records at least three years. Industry-specific rules such as HIPAA may require longer retention.
Can a third party perform verifications?
Yes, authorized agents or third-party vendors may perform verification if the employer retains responsibility. Maintain documentation of delegation and ensure vendor controls meet applicable security and retention standards.
Are scanned copies acceptable for audits?
Scanned copies are acceptable where allowed, provided originals were examined and the electronic copy preserves an audit trail and reproduces the record accurately. For certain processes or agencies, retaining the original or following agency rules may be required.

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