What Is Work Authorization Verification, And How Does It Apply At The State Level in Maryland?
Work authorization verification is the process of verifying an individual’s eligibility to work in the US. This process typically involves checking an employee’s identity and immigration status to make sure the individual is legally allowed to work in the US. In Maryland, employers must verify work authorization using the E-Verify system. This system is used by employers to compare the information provided by a new hire with records held by the Department of Homeland Security and Social Security Administration to confirm whether the individual is legally eligible to work in the US. Employers must also keep records of all employees who do not have a valid Social Security number or other E-Verify documentation.Which State Agencies Or Departments Are Responsible For Overseeing Work Authorization Verification in Maryland?
The Maryland Department of Labor is responsible for overseeing work authorization verification in Maryland. Specifically, the Office of Foreign Labor Certification (OFLC) is in charge of verifying that employers are compliant with all state and federal laws regarding employment eligibility.How Do State-Level Work Authorization Verification Requirements Differ From Federal Requirements in Maryland?
The federal government requires employers to verify employment eligibility through the E-Verify system, which is a web-based system that allows employers to verify the legal status of their employees. State-level work authorization verification requirements in Maryland differ from the federal requirements in a few different ways. First, employers must complete an I-9 form for each new hire and retain the form for three years. Additionally, employers in Maryland are required to use the Maryland New Hire Portal to report to the state all new hires within twenty days of their start date. Finally, the state of Maryland requires employers to use the E-Verify system when hiring new employees who are not citizens or nationals of the United States, or are not authorized to work in this country.Are Employers Required To Verify The Work Authorization Of All Employees At The State Level in Maryland?
Yes, Maryland employers are required to verify the work authorization of all employees through the Federal Form I-9 process. The employer must also use the federal E-Verify system to verify the employment eligibility of all newly hired employees. The employer must keep a copy of the I-9 form for each employee in a secure environment. The employer must also ensure that the employee’s I-9 form is completed within three (3) days from the employee’s start date.What Documentation Is Acceptable For Verifying Work Authorization Under State Law in Maryland?
Under state law in Maryland, acceptable documentation for verifying work authorization includes:1. A valid driver’s license or state identification card.
2. A foreign passport with either an I-94 stamp or an I-551 stamp.
3. An employment authorization document (Form I-766).
4. A birth certificate or consular report of birth abroad issued by the US Department of State.
5. A Social Security Card issued by the Social Security Administration.
6. An alien registration receipt card (Form I-551 or I-151).
7. A valid US passport or passport card.
Are There Penalties For Employers Who Fail To Comply With State-Level Work Authorization Verification Requirements in Maryland?
Yes. Employers who fail to comply with Maryland state-level work authorization verification requirements may face fines and other penalties. Employers with more than 10 employees must register with the E-Verify Program, which is a federal government program that compares information provided by employees on their Form I-9 to the records of the Social Security Administration and the Department of Homeland Security to verify work authorization. Employers that fail to enroll in E-Verify or fail to follow the terms of their enrollment may be subject to civil and criminal penalties, including fines of up to $10,000 for each violation.How Do State-Level Work Authorization Verification Requirements Impact Employees With Different Immigration Statuses in Maryland?
State-level work authorization verification requirements can have a significant impact on employees with different immigration statuses in Maryland. Under Maryland’s Work Authorization Verification Law, employers must verify the legal authorization of all employees through the Systematic Alien Verification for Entitlements (SAVE) database managed by the U.S. Department of Homeland Security. This law has made it more difficult for undocumented immigrants to gain employment in Maryland due to the additional paperwork and scrutiny required.At the same time, this law can also have an impact on those with legal immigration statuses. For instance, employers may be unfamiliar with the types of documentation required for those with temporary visas, such as H-1B visas or TN visas, which can lead to delays or errors in verifying their eligibility to work. In addition, there may be misunderstandings or confusion over the various immigration statuses and which documents are valid for each type of status. This can create further difficulties for those who are legally authorized to work in Maryland.
Can State-Level Work Authorization Verification Requirements Vary By Industry Or Sector in Maryland?
Yes, state-level work authorization verification requirements do vary by industry or sector in Maryland. For example, the Maryland State Department of Labor, Licensing, and Regulation (DLLR) requires employers to create a “Memorandum of Understanding” to verify work authorization for certain industries, including nursing/dental care, construction, and janitorial services. Employers must adhere to this policy in order to remain compliant with federal law. Additionally, some industries may be subject to additional requirements under federal or state law.Do States Use The Federal E-Verify System For Work Authorization Verification, Or Do They Have Their Own Systems in Maryland?
The state of Maryland does not have its own system for work authorization verification, but it does require employers to use the federal E-Verify system to verify the work authorization of new employees.Are There Exceptions Or Accommodations For Certain Categories Of Workers Under State-Level Work Authorization Verification in Maryland?
Yes, there are exceptions and accommodations for certain categories of workers under state-level work authorization verification in Maryland. For example, Maryland employers are not required to verify the work authorization status of employees hired before February 1, 2017. Additionally, employers are not required to verify the work authorization status of independent contractors, volunteers, or unpaid interns. Employers are also not required to verify the work authorization status of job applicants who provide evidence that they are authorized to legally work in the United States.How Do States Balance Work Authorization Verification With Anti-Discrimination Laws And Privacy Concerns in Maryland?
In Maryland, employers must comply with the state’s anti-discrimination laws as well as its laws protecting employee privacy when it comes to verifying work authorization. Employers must have an employment eligibility verification system in place that verifies a worker’s eligibility for employment and must ensure that the system does not discriminate against any worker based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic. Employers may also not ask for or maintain any information that could be used to target particular people for discriminatory treatment.Employers in Maryland are also required to provide workers with a paper copy of an Employment Verification Report (EVR), which is generated using the E-Verify system. This report contains the name of the employer, the employee’s name, social security number, date of birth and other relevant proof of identity. However, employers are prohibited from requesting additional information than what is required for the EVR, and must not use the information to discriminate against an employee in any way.
Finally, employers must ensure that they have appropriate policies and procedures in place to protect workers’ personal data and ensure that it is not misused or disclosed to unauthorized individuals.
Can Employees Appeal Or Challenge A Work Authorization Verification Decision Made By Their Employer Or The State Agency in Maryland?
Yes, employees in Maryland may appeal or challenge a work authorization decision made by their employer or the state agency. For example, if an employee believes they were wrongfully denied employment due to a work authorization issue, they may file a complaint with the Maryland Department of Labor, Licensing and Regulation (DLLR). The DLLR will investigate the matter and can order the employer to reinstate the employee or take other corrective action. Additionally, an employee may also seek relief in the courts.What Resources Or Guidelines Are Available To Employers To Navigate State-Level Work Authorization Verification Requirements in Maryland?
1. Maryland Department of Labor Licensing and Regulation: The Maryland Department of Labor, Licensing and Regulation (DLLR) provides guidance to employers on work authorization requirements in the state. Employers should refer to the DLLR website for detailed information on the required documents for employees to verify their eligibility to work in Maryland.2. US Citizenship and Immigration Services (USCIS): USCIS provides detailed information on the verification of employment authorization in Maryland, including instructions on how to complete the I-9 form. Employers should review the USCIS website for the most up-to-date information on verifying employment eligibility.
3. Maryland Business Express: The Maryland Business Express website provides employers with an online tool to assist them in understanding and verifying work authorization in Maryland. The website also provides employers with a list of accepted documents for work authorization verification and instructions on completing the I-9 form.
4. Maryland Chamber of Commerce: The Maryland Chamber of Commerce provides employers with resources and support to navigate state-level work authorization verification requirements in Maryland. Employers should refer to the Chamber’s website for detailed information on what is required for employers, as well as a list of accepted documents for work authorization verification.
How Do State-Level Work Authorization Verification Requirements Affect Employers Who Have Remote Or Distributed Workforces in Maryland?
State-level work authorization verification requirements can affect employers with remote or distributed workforces in Maryland in several ways. The employer must ensure that all employees are properly authorized to work in the US, regardless of their location. Employers must keep records of the documentation used to verify authorization to work, such as an I-9 form for each employee, updated I-9 forms if the employee changes their name or address, and other documents as required. Employers must also check the Social Security Administration’s online database to verify employee Social Security numbers. Failure to comply with these requirements can result in penalties and civil fines. Additionally, employers should be aware that certain permits may be required in order to employ non-US citizens in a remote or distributed workforce, such as H-1B visas or J-1 visas.Can States Impose Additional Documentation Requirements Beyond What Federal Law Mandates For Work Authorization Verification in Maryland?
Yes, states can impose additional documentation requirements in Maryland beyond what federal law mandates for work authorization verification. Maryland employers must verify a worker’s identity and employment eligibility using the federal E-Verify system, but they may also require additional documentation related to work qualifications or other factors.How Do State-Level Work Authorization Verification Requirements Interact With Federal I-9 Verification Requirements in Maryland?
In Maryland, state-level work authorization verification requirements interact with federal I-9 verification requirements in the following ways:1. The Maryland Division of Labor & Industry (DLLR) enforces state-specific immigration laws and regulations which require employers to verify that their employees are legally authorized to work in the state of Maryland by having them complete an I-9 form.
2. All employers must also use the federal E-Verify system to check the work authorization status of their employees when they hire them. Employers must also use E-Verify to check the employment eligibility of any new hires within three business days of hire.
3. Employers must also keep copies of the I-9 forms for all employees, and provide employees with a copy of their I-9 form within three business days of hire. Employers must also keep records of all E-Verify inquiries and results for three years after the date of hire or one year after the date of termination, whichever is later.
4. Employers who do not comply with these requirements may face civil penalties or criminal charges, including fines and/or jail time.
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