This TX New Hire Packet has all the forms and documentation you need to onboard a new employee in the state of Texas. This packet is being used by over 5,000 employers in Texas to make their new hire process seamless and ensures they are HR compliant.
Form I-9 is used to verify an employee’s legal eligibility to work in the United States of America. Section one must be completed by the employee on or before the first day of employment. The I-9 can be completed prior to the start date, so long as an employment offer has been extended. Section two must be completed by the employer or their representative within three business days of a new employee’s first day.
The new, “smart” version of Form I-9 prevents users from completing certain sections of the form out of order. It is recommended you complete the sections in order as the form will automatically fill in subsequent sections based on responses in section one.
Separately. We recommend that you keep all I-9s in either a separate master file or a three-ring binder. Because I-9 files are subject to unique record retention laws, a separate master file or three-ring binder will help ensure that you retain these forms for as long as necessary and that you can readily discard them after the retention period expires.
For ease of organization, we even recommend removing an employee’s I-9 from the master folder or binder on their termination date and storing it a separate “terminated employee” I-9 file until the appropriate destroy date.
Usually not. Unless you participate in the E-Verify program, you’re not required to photocopy or scan documents for retention, and doing so is voluntary. However, if you wish to make photocopies of documents other than those used for E-Verify, you should do so for all employees, regardless of national origin, citizenship, or work authorization, and you must be consistent with this decision. In addition, these photocopies must be stapled to the I-9 and may not used for any other purpose.
No. Non-employees including volunteers, unpaid interns, and independent contractors should not complete an I-9, as none of these workers (if properly classified) are employees.
Additionally, those hired before November 6, 1986, those hired for casual domestic work in a private home, and those who do not perform work on U.S. soil, do not need to complete an I-9.
Lastly, those providing labor to you, who are actually employed by a contractor providing contract services (e.g., employee leasing or temporary agencies), do not need to complete an I-9 with you; the I-9 should be done with their primary employer.
Usually not. Except for certain government contractors or in some situations involving use of fraudulent documents, employers do not need to update or complete a new I-9 when an employee changes their legal name or address. An employee is not required to provide documentation to show that they have changed their name for the purpose of the I-9.
However, USCIS recommends maintaining correct information on I-9s and taking steps to ensure a name change is legitimate. To update the employee’s original I-9, enter their new legal name in Box A of Section 3, and then sign, date and print your name on the final line.
Quite a while. Form I-9s should be retained for the full length of an individual’s employment with you. Then, after employment has ended, they must be stored for 3 years after the date of hire, or 1 year after the date of termination, whichever date is later.
Once an I-9 is past its retention period, you may destroy it. We recommend a secure shredding company to ensure proper disposal and that documents related to an employee’s identity are secure.
The W-4, also know as the Employee’s Withholding Allowance Certificate is the employee’s documentation of telling their employer the correct amount of federal income tax to withhold from their pay. All new employees must fill out the form W-4 as soon as they are hired. It is also recommended that current employees update their form W-4 each year or when any significant life changes that may impact their withholdings is up-to-date.
Most employees will ask questions regarding their form W-4 as well as advise on how to complete. You should be able to answer the general questions but let them know they have to make the decision that is right for them. For most taxpayers, it’s recommended to try to match their withholding tax to their actual tax liability as closely as possible. And if an employee doesn’t fill out their tax forms, taxes should be withheld from their paycheck at the highest tax bracket, single and 0 dependents.
New Hire Reporting requirements are separate from and not related to E-Verify requirements. Texas law requires employers to verify the legal status of all new hires through E-Verify. There are penalties for failure to do so.