Form I-9 employment eligibility verification requirement
All North Dakota employers must complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment in the United States. This federal requirement applies to all U.S. employers, including those in North Dakota, and covers both citizens and noncitizens. The employee must complete Section 1 no later than the first day of employment, and the employer must examine the employee's documents and complete Section 2 within three business days of the hire date. North Dakota law imposes no additional employment verification procedures beyond federal I-9 compliance and does not require use of E-Verify.
Source: USCIS Form I-9
New hire reporting to the State Directory of New Hires
All North Dakota employers must report newly hired employees to the North Dakota State Directory of New Hires within 20 days of the employee's date of hire. This requirement applies to all employers operating in North Dakota, regardless of size. The date of hire is defined as the employee's first day of work for pay.
Who must be reported. A newly hired employee includes any individual who was not previously employed by the employer, or who was previously employed but has been separated from that employment for at least 60 consecutive days and has now returned to work. Employers must report all full-time, part-time, and temporary employees, both adults and minors. The definition of "employee" for new hire reporting purposes tracks the definition used for federal income tax wage withholding under Chapter 24 of the Internal Revenue Code of 1986. As a general rule, if the worker receives a Form W-2 showing taxes withheld, that worker qualifies as an employee for new hire reporting purposes.
Required information. Employers must report the following data elements for each new hire: employee name, address, Social Security number, and date of hire; and employer name, address, and Federal Employer Identification Number (FEIN).
Reporting methods. Employers with 25 or more employees must report new hires electronically. Employers with 24 or fewer employees may report either electronically or by submitting the paper form SFN 01018. Electronic reporting may be done through the online portal at childsupportnd.gov or via web file transfer for employers with high volumes of new hires. The electronic reporting requirement may be waived in cases of demonstrated difficulty; employers seeking a waiver should contact the North Dakota Department of Health and Human Services Employer Relations office.
Multi-state employers. Employers that operate in multiple states have two options: (1) report newly hired employees to the various states in which they work, following each state's requirements and timeframes; or (2) select one state where employees are working and report all new hires to that state's designated new hire reporting office, following that state's requirements and timeframes. Multi-state employers choosing the single-state option must notify the federal Department of Health and Human Services on the Child Support Portal which state they have designated. All new hire reports from multi-state employers electing the single-state option must be submitted electronically.
Penalties for noncompliance. Employers who fail to comply with new hire reporting requirements are subject to civil money penalties under N.D.C.C. § 34-15-05 and § 34-15-06.
Purpose. The new hire reporting program is authorized by federal law (42 U.S.C. § 653a) and state law (N.D.C.C. Chapter 34-15) to facilitate child support enforcement by quickly locating noncustodial parents and establishing or enforcing child support orders. The data is also used to verify employment and income for individuals participating in certain federal housing and benefit programs and to reduce improper unemployment insurance benefit payments.
Source: North Dakota HHS New Hire Reporting Requirements Source: North Dakota HHS New Hire Reporting FAQs Source: N.D.C.C. Chapter 34-15 Directory of New Hires