What Is Work Authorization Verification, And How Does It Apply At The State Level in Washington D.C.?
Work authorization verification is a process of verifying an individual’s work status and their right to legally work in the United States. Employers must verify that new hires are legally permitted to work in the U.S. and are authorized to work in the state they will be employed.In Washington D.C., employers must submit a completed Employment Eligibility Verification Form (Form I-9) within three days of a new hire starting work. This form must be completed by both the employer and the employee, and must include proof of identity and work authorization documents. Employers must also keep the form on file for up to three years after the employee’s last day of employment. Employers must also comply with any additional state laws regarding verification of work authorization.
Which State Agencies Or Departments Are Responsible For Overseeing Work Authorization Verification in Washington D.C.?
The Washington, D.C. Department of Employment Services (DOES) is responsible for overseeing work authorization verification. The DOES Office of Wage-Hour (OWH) is responsible for ensuring that employers comply with the D.C. Wage Payment and Collection Law, which includes verifying an employee’s work authorization.How Do State-Level Work Authorization Verification Requirements Differ From Federal Requirements in Washington D.C.?
State-level work authorization verification requirements differ from federal requirements in Washington D.C. in a few ways. In D.C., employers are required to verify the work authorization of all new employees through the E-Verify system, either directly or through a third-party vendor. Employers must submit their employees’ information (name, Social Security number, date of birth, etc.) into the E-Verify system to determine their eligibility to work in the U.S. Additionally, employers must record and retain verification documentation for all new hires for a period of three years from the date of hire.At the state level, D.C. requires employers to conduct an I-9 form review for all new hires. The I-9 form requires employees to present documents that confirm their identity and authorize their employment in the U.S., such as a driver’s license, passport, or other government-issued identification card. The employer must confirm that these documents appear to be genuine and relate to the individual presenting them. Additionally, employers must keep the completed I-9 forms on file for three years or for one year after the date of termination, whichever is later.
Are Employers Required To Verify The Work Authorization Of All Employees At The State Level in Washington D.C.?
No, employers in Washington D.C. are not required to verify the work authorization of all employees. However, employers are required to complete an I-9 form for each employee within three days of hiring, and must verify the identity and work authorization of each employee using documents from the acceptable list provided by the U.S. Citizenship and Immigration Services (USCIS).What Documentation Is Acceptable For Verifying Work Authorization Under State Law in Washington D.C.?
Under Washington D.C. law, employers must accept documentation that shows a valid work authorization status. Acceptable documents include a valid U.S. passport; a driver’s license or state ID card issued by a state or territory of the United States; a social security card issued by the Social Security Administration; a birth certificate issued by a U.S. state, territory, or possession; a Permanent Resident Card (also known as a “green card”); an Employment Authorization Document (EAD) issued by the U.S. Department of Homeland Security; and any other document that is authorized by law to establish an employee’s work authorization. The employer must also accept other documents that may be needed to establish employment eligibility, such as documentation of an approved visa or travel documents.Are There Penalties For Employers Who Fail To Comply With State-Level Work Authorization Verification Requirements in Washington D.C.?
Yes. Employers who fail to comply with state-level work authorization verification requirements in Washington D.C. may be subject to civil penalties, including fines of up to $10,000 per violation. Additionally, employers may be subject to criminal penalties, including imprisonment of up to one year for a first offense and three years for subsequent offenses.How Do State-Level Work Authorization Verification Requirements Impact Employees With Different Immigration Statuses in Washington D.C.?
In Washington D.C., employers are legally required to verify that employees are authorized to work in the United States through the federal E-Verify system and/or by completing Form I-9. Employers must also report all newly hired employees and rehired employees to the District of Columbia New Hire Reporting Center. This process can impact employees with different immigration statuses in various ways.Employees with U.S. citizenship, lawful permanent residency, or an asylum or refugee status do not have to worry about these requirements since they are lawfully authorized to work. However, those who are in the United States on a visa or with a nonimmigrant status must make sure their visa or status does not expire before they begin work or while they continue employment. They must also make sure that their visa or status does not conflict with the type of job for which they are applying or otherwise provide authorization for them to work in the United States.
Employees with DACA (Deferred Action for Childhood Arrivals) status, however, must also comply with these requirements, as they are technically not granted authorization to work in the United States under this program. Therefore, those with DACA must obtain a valid Employment Authorization Document (EAD), which grants them permission to work in the United States for a specific period of time, prior to beginning employment. Any employee who fails to meet these requirements may risk losing their job or being subject to other legal penalties.
Can State-Level Work Authorization Verification Requirements Vary By Industry Or Sector in Washington D.C.?
No, state-level work authorization verification requirements do not vary by industry or sector in Washington D.C. All employers in Washington D.C. must follow the same state-level work authorization verification requirements, regardless of their industry or sector.Do States Use The Federal E-Verify System For Work Authorization Verification, Or Do They Have Their Own Systems in Washington D.C.?
Yes, Washington D.C. participates in the federal E-Verify system. Employers are required to verify the work authorization of all new hires by either using E-Verify or the District’s internal verification system, the Employee Verification System (EVS).Are There Exceptions Or Accommodations For Certain Categories Of Workers Under State-Level Work Authorization Verification in Washington D.C.?
Yes, there are exceptions or accommodations for certain categories of workers under state-level work authorization verification in Washington D.C. These workers include:• Workers covered by the federal Fair Labor Standards Act (FLSA)
• U.S. citizens
• Immigrants with valid work authorization documents (e.g., Employment Authorization Cards, Employment Authorization Documents, Permanent Resident Cards, etc.)
• Unaccompanied minors in the custody of the Office of Refugee Resettlement (ORR), a division of the U.S. Department of Health and Human Services
• Individuals granted deferred action status
• Individuals granted Deferred Enforced Departure status
• Individuals granted Temporary Protected Status
• Nonimmigrant visa holders with valid visa documents
• Individuals with an approved application for asylum
• Individuals granted parole by the U.S. Department of Homeland Security (DHS)
• Certain individuals who have been granted lawfully present status by the DHS or the Department of Justice
How Do States Balance Work Authorization Verification With Anti-Discrimination Laws And Privacy Concerns in Washington D.C.?
Washington D.C. has a number of measures in place to ensure both compliance with anti-discrimination laws and the protection of employee privacy. Employers must follow the District’s anti-discrimination laws, which prevent them from discriminating against any protected group, including those based on race, religion, national origin and gender identity. Furthermore, employers must comply with the District’s Human Rights Act (DCHRA), which prohibits employers from discriminating against job applicants and employees on the basis of their actual or perceived: race, color, religion, national origin, sex (including pregnancy, childbirth, or related medical conditions), age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, source of income or place of residence or business.Employers must also ensure that they comply with privacy laws when verifying work authorization. The DCHRA requires employers to keep any documents or information about an employee’s immigration status confidential and not to disclose it to any other person without the employee’s written consent. Furthermore, employers must observe the District’s Privacy Act (DPPA), which requires employers to protect the personal data of applicants and employees. This includes using secure technology to store documents such as Social Security numbers and birth certificates and ensuring that employees have access to their own immigration documents.
Can Employees Appeal Or Challenge A Work Authorization Verification Decision Made By Their Employer Or The State Agency in Washington D.C.?
Yes, employees can appeal or challenge a work authorization verification decision made by their employer or the state agency in Washington D.C. An employee may file a complaint with the U.S. Department of Justice Civil Rights Division, Employment Litigation Section, or the Wage and Hour Division of the U.S. Department of Labor. In addition, an employee can file a private lawsuit against their employer or the state agency for alleged violations of their civil rights or wage and hour laws. It is important to note that any appeal or challenge must be filed within the applicable statute of limitations in the jurisdiction where the work was performed.What Resources Or Guidelines Are Available To Employers To Navigate State-Level Work Authorization Verification Requirements in Washington D.C.?
1. Department of Labor: The Department of Labor offers resources on Washington D.C. work authorization verification requirements for employers. This includes guidance on employer responsibility under the Immigration and Nationality Act, as well as information on verifying an employee’s work authorizations through the online E-Verify system.2. DC Department of Employment Services: The DC Department of Employment Services provides guidance on the process for employers to verify an employee’s work authorization status in Washington D.C. It also offers resources for employers related to the E-Verify system, as well as information on compliance with the Immigration Reform and Control Act (IRCA).
3. U.S. Citizenship & Immigration Services: The U.S. Citizenship & Immigration Services provides comprehensive resources for employers to understand and navigate Washington D.C. work authorization verification requirements, including information on verifying an employee’s identity and employment eligibility through the E-Verify system, as well as resources for employers to understand and comply with applicable immigration laws and regulations.
4. Federal Contractor Resources: For employers who are federal contractors, they can find guidance from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which provides resources related to compliance with Executive Order 11246, Equal Employment Opportunity (EEO) regulations, as well as guidance on recordkeeping requirements for contractors regarding employee immigration status and work authorization verification.
How Do State-Level Work Authorization Verification Requirements Affect Employers Who Have Remote Or Distributed Workforces in Washington D.C.?
State-level work authorization verification requirements can be difficult for employers with remote or distributed workforces in Washington D.C. to manage. Employers must verify the work authorization of their employees regardless of where they are located, but it can be difficult to do so with remote workers located in different states and even countries. Employers may need to use third-party vendors to verify a worker’s identity and work authorization in order to comply with the law. Additionally, employers must also ensure that their hiring practices comply with the laws of the state where the worker is physically located, which can be challenging when dealing with remote workers.Can States Impose Additional Documentation Requirements Beyond What Federal Law Mandates For Work Authorization Verification in Washington D.C.?
Yes, states can impose additional documentation requirements beyond what federal law mandates for work authorization verification in Washington D.C. Employers in Washington D.C. must comply with both federal and state work authorization verification requirements. The District of Columbia has adopted the E-Verify system to authenticate the identity and employment eligibility of new hires. In addition, D.C. employers are required to use Form I-9 to verify that each employee hired is authorized to work in the United States. Certain employers may also be required to obtain a business license or register with the D.C. Office of Wage-Hour as part of the work authorization verification process. Depending on the industry and job type, additional documents may be required.How Do State-Level Work Authorization Verification Requirements Interact With Federal I-9 Verification Requirements in Washington D.C.?
In Washington D.C., the state-level work authorization verification requirements are additional requirements that employers must meet in order to ensure that they are hiring individuals who are legally authorized to work in the United States. These requirements are in addition to the federal I-9 verification requirements, and employers must comply with both federal and state requirements. In Washington D.C., employers must use E-Verify to confirm the work authorization status of all newly hired employees. The District also requires employers to register with the Department of Employment Services (DOES) within 10 days of the hire date, and sign a statement acknowledging the employer’s responsibility for verifying work authorization status. Employers must also ensure that all new hire paperwork and E-Verify documentation is completed within 3 days of hire. Employers who fail to comply with these requirements can face penalties, including criminal prosecution and civil fines.Are There Legal Challenges Or Controversies Related To State-Level Work Authorization Verification Laws in Washington D.C.?
Yes, there are legal challenges and controversies related to state-level work authorization verification laws in Washington D.C. In October 2020, the D.C. Council passed the “Fair Criminal Record Screening for Employment Amendment Act of 2018.” This law aims to protect employees with criminal records by restricting employers from requiring applicants to disclose their criminal history until after a conditional job offer has been made.The law has been met with strong opposition from business groups in the District, who have argued that it would create an unnecessary burden for employers trying to verify an applicant’s eligibility to work in the U.S. The D.C. Chamber of Commerce and other business groups have filed a lawsuit challenging the constitutionality of the law, claiming it violates employers’ Fourth Amendment rights to conduct background checks on potential employees. The case is currently pending in federal court.
English 
Español de México