What Is Work Authorization Verification, And How Does It Apply At The State Level in West Virginia?
Work authorization verification is the process of confirming that an individual is legally authorized to work in the United States. It is a requirement for employers to check the eligibility of potential employees to work in the United States, as required by state and federal laws. In West Virginia, employers must use the e-Verify system to verify the identity and employment authorization of newly hired employees. This system is a web-based system that compares the information on an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records. Employers must submit the required information to e-Verify within three business days of hiring an employee, and receive confirmation of eligibility prior to permitting employment. The state also requires employers to use E-Verify for contract workers and independent contractors performing services for the employer.Which State Agencies Or Departments Are Responsible For Overseeing Work Authorization Verification in West Virginia?
The West Virginia Division of Labor is responsible for overseeing work authorization verification in West Virginia. The Division of Labor is responsible for ensuring all employers are complying with federal and state laws related to employee verification. The Division of Labor may also provide guidance to employers on the proper completion of the I-9 form.How Do State-Level Work Authorization Verification Requirements Differ From Federal Requirements in West Virginia?
State-level work authorization verification requirements in West Virginia differ from federal requirements in a few key ways. First, employers must complete an Employment Eligibility Verification (Form I-9) for each employee hired, regardless of their national origin or citizenship status. This includes those employees who have a valid Social Security Number and those who do not. Employers must also maintain copies of the Form I-9 and any supporting documents for at least three years, rather than the two year requirement under federal law. Additionally, employers that use E-Verify must contact the West Virginia Offices of Immigration and Customs Enforcement (ICE) should they receive any “non-confirmation” notices from the system. Lastly, employers in West Virginia are required to use an approved third-party vendor, such as E-Verify, to verify an employee’s work authorization status.Are Employers Required To Verify The Work Authorization Of All Employees At The State Level in West Virginia?
No, employers in West Virginia are not required to verify the work authorization of all employees at the state level. However, employers are required to comply with the federal Immigration and Nationality Act (INA) by verifying the work authorization of newly hired employees through E-Verify.What Documentation Is Acceptable For Verifying Work Authorization Under State Law in West Virginia?
In West Virginia, acceptable documents that can be used to verify work authorization include unexpired passports, unexpired Permanent Resident Card (Green card), unexpired Employment Authorization Document (EAD), unexpired Refugee Travel Document, and unexpired Employment Authorization Card. Other documents that can be accepted are a driver’s license or state-issued ID card with a photograph, a social security card (or a letter from the Social Security Administration), and other documents requested by the employer.Are There Penalties For Employers Who Fail To Comply With State-Level Work Authorization Verification Requirements in West Virginia?
Yes, employers in West Virginia can be penalized for failing to comply with state-level work authorization verification requirements. The West Virginia Division of Labor may assess a civil penalty of up to $5,000 per violation against an employer who violates the state’s work authorization verification requirements. The agency may also require the employer to take corrective action to remain in compliance.How Do State-Level Work Authorization Verification Requirements Impact Employees With Different Immigration Statuses in West Virginia?
State-level work authorization verification requirements can have a significant impact on employees with different immigration statuses in West Virginia. Generally, employers in West Virginia must verify the identity and employment eligibility of every employee hired after November 7, 1986, using the federal Employment Eligibility Verification (E-Verify) system. This requirement applies regardless of the employee’s immigration status. Employers must also complete Form I-9, Employment Eligibility Verification, which is used to document an employee’s identity and employment authorization.For undocumented workers, this verification process can be a source of anxiety as they fear being identified as an unauthorized worker and losing their job. For documented immigrants, including those with work authorization such as those on a temporary visa or with residency status, the process can be a source of frustration if there is an issue with the verification process or if their documentation does not match the information provided by the federal government.
It is important for employers to understand their obligations when it comes to verifying employment eligibility and for workers to know their rights during this process.
Can State-Level Work Authorization Verification Requirements Vary By Industry Or Sector in West Virginia?
No, state-level work authorization verification requirements do not vary by industry or sector in West Virginia. All employers in the state must adhere to the same federal and state laws concerning verifying an employee’s work authorization. This includes verifying the employee’s identity and employment eligibility status through Form I-9 or an equivalent process approved by the U.S. Department of Homeland Security.Do States Use The Federal E-Verify System For Work Authorization Verification, Or Do They Have Their Own Systems in West Virginia?
West Virginia does not use either the federal E-Verify system or its own system for work authorization verification. The state does not require employers to verify the employment eligibility of their employees.Are There Exceptions Or Accommodations For Certain Categories Of Workers Under State-Level Work Authorization Verification in West Virginia?
Yes, there are exceptions and accommodations for certain categories of workers under the West Virginia state-level work authorization verification process. Workers who meet the following criteria are exempt from the verification process and can start work without obtaining the appropriate work authorization documents:1. Employees in jobs that are covered by a collective bargaining agreement that requires the employer to hire only union members.
2. Citizens or nationals of the United States.
3. Any alien lawfully admitted for permanent residence in the United States.
4. Aliens lawfully admitted to the United States under asylum, withholding of deportation or removal, and other forms of relief from removal or deportation.
5. Aliens who have been granted employment authorization by the U.S. Department of Homeland Security (DHS).
6. Aliens granted Temporary Protected Status (TPS) by DHS.
How Do States Balance Work Authorization Verification With Anti-Discrimination Laws And Privacy Concerns in West Virginia?
West Virginia’s Law Against Discrimination (W. Va. Code § 5-11-3) prohibits employers from discriminating against employees or applicants on the basis of race, color, religion, sex, national origin, ancestry, age, blindness or handicap. The law also provides protection against discrimination in the area of employment decisions based on citizenship or immigration status.To prevent discrimination in West Virginia, employers must follow the employer’s verification process set out in 8 C.F.R. § 274a.12 and must use a tool such as E-Verify to check the legal work authorization status of newly hired employees. Employers must also ensure that all employees are treated equally regardless of their immigration status.
To protect employee privacy, employers must also abide by West Virginia’s laws regarding employee records and obtain written authorization from employees before conducting any background checks or credit checks. Additionally, employers should avoid collecting more information than necessary and keep all employee information confidential and secure.
Can Employees Appeal Or Challenge A Work Authorization Verification Decision Made By Their Employer Or The State Agency in West Virginia?
Yes, employees can appeal or challenge a work authorization verification decision made by their employer or the state agency in West Virginia. The process is handled by the West Virginia Division of Personnel. Employees must file an appeal in writing and provide supporting documentation. The Division of Personnel will review the appeal and make a determination on the case.What Resources Or Guidelines Are Available To Employers To Navigate State-Level Work Authorization Verification Requirements in West Virginia?
1. West Virginia State Code – Employment Security Act, Chapter 21, Article 5A: Employment Authorization and Verification provides the guidelines for verifying work authorization in West Virginia.2. The US Citizenship and Immigration Services (USCIS) website provides an I-9 Central page that contains information on required documents and form updates, employment authorization programs, and employer responsibilities relating to completing Form I-9 for West Virginia employers.
3. The West Virginia Department of Workforce also offers resources such as worker verification training seminars and online resources for employers to learn more about employment authorization verification requirements in the state.
4. The National Immigration Law Center provides a guide to help employers navigate through the employment verification process in West Virginia.
5. The US Department of Labor provides guidance for West Virginia employers on how to comply with federal laws pertaining to work authorization verification.
How Do State-Level Work Authorization Verification Requirements Affect Employers Who Have Remote Or Distributed Workforces in West Virginia?
State-level work authorization verification requirements can affect employers with remote or distributed workforces in West Virginia in several ways. Employers must comply with all applicable federal and state laws and regulations when verifying the work authorization of their employees. In West Virginia, employers must complete the form I-9 for every new employee to verify their identity and employment eligibility. In addition, employers are required to keep records of the I-9 forms for three years after the date of hire, or one year after the date of termination, whichever is later.When it comes to remote or distributed employees, employers must take extra steps to ensure compliance with West Virginia’s work authorization verification requirements. For example, employers must provide evidence of a valid form I-9 for each employee and ensure that it is accurately filled out. Additionally, employers must maintain electronic records that include any information provided on the form I-9. If an employer requires an employee to travel to a worksite in West Virginia, the employer must also account for any additional documents that may be required depending on the type of work authorization verification that is being conducted. By taking these extra steps, employers can ensure they are in compliance with West Virginia’s work authorization verification requirements and protect their remote or distributed workforce.
Can States Impose Additional Documentation Requirements Beyond What Federal Law Mandates For Work Authorization Verification in West Virginia?
Yes, states can impose additional documentation requirements beyond what federal law mandates for work authorization verification in West Virginia. However, employers must ensure that they are not imposing any documentation requirements that are more burdensome than the federal requirements. Additionally, employers must comply with any applicable state laws governing the hiring and employment of immigrants.How Do State-Level Work Authorization Verification Requirements Interact With Federal I-9 Verification Requirements in West Virginia?
In West Virginia, employers must follow both federal I-9 verification requirements and any state-level work authorization verification requirements. The West Virginia Workplace Verification Act (HB 4007) requires employers to verify the identity and employment eligibility of newly hired employees and contractors. Employers are required to register with the West Virginia Division of Labor, which will electronically verify the identity and work authorization status of such employees. Employers must also retain records of the verification process.The West Virginia Workplace Verification Act does not replace or supersede existing federal I-9 verification requirements, but instead supplements them. Therefore, employers in West Virginia must comply with both federal I-9 verification requirements and state-level work authorization verification requirements.
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