Effective July 1, 2025, Montana will enforce new I-9 documentation requirements under the Legal Employment and Government Accountability Law (House Bill 226). Here’s a brief overview for employers not using E-Verify:
Key requirements
- Mandatory document retention: Employers must retain copies of all I-9 supporting documents (e.g., passport, driver’s license, Social Security card) if they do not use E-Verify. This differs from federal rules, which do not require document retention.
- Applies to all employers: The law is applicable to all employers in Montana, regardless of size or industry.
- Verification options: Employment eligibility must be verified using either E-Verify or Form I-9 with retained supporting documents.
- Enforcement and penalties: The Montana Department of Labor and Industry can conduct audits and investigations. Noncompliance may result in:
- Civil penalties up to $500 per offense.
- Fines of $1,000-$2,500 per unauthorized worker.
- License suspensions of up to six months for repeat violations.
Review the bill here.
The information provided here is intended for informational purposes only and should not be construed as legal advice. We strongly recommend consulting with a qualified legal professional for any legal advice pertaining to your company.