What Is Work Authorization Verification, And How Does It Apply At The State Level in Arizona?
Work authorization verification is the process of ensuring that an individual has the legal right to work in the United States. In Arizona, employers must verify that all new hires are authorized to work in the US by completing Form I-9. This form requires employers to provide documents that prove a new hire’s identity and authorization to work in the US, such as a US passport or permanent resident card. Employers must also abide by the E-Verify system, an online system which allows employers to electronically verify the employment eligibility of new employees by comparing information from Form I-9 with US government records. All employers in Arizona with 15 or more employees are required to use E-Verify when hiring new employees.Which State Agencies Or Departments Are Responsible For Overseeing Work Authorization Verification in Arizona?
In Arizona, the responsible state agency or department that oversees work authorization verification is the Arizona Department of Economic Security (AZDES).How Do State-Level Work Authorization Verification Requirements Differ From Federal Requirements in Arizona?
In Arizona, employers are required to use E-Verify to confirm the work authorization of all newly hired employees, including both foreign and domestic workers. This process is known as the Employment Eligibility Verification Program (EEV), and it is part of the state’s immigration law, the Legal Arizona Workers Act (LAWA). The program requires employers to enter the employee’s information, such as their Social Security number (SSN), into the E-Verify system to verify that they are legally eligible to work in the United States.Federal requirements do not require employers to use E-Verify for employees. Instead, employers must complete an I-9 Employment Eligibility Verification form with new hires. Additionally, federal law does not mandate that employers use E-Verify for existing employees.
At the state level in Arizona, employers must use E-Verify for all new hires and existing employees, or face civil and criminal penalties. Employers also must post notices about their use of E-Verify in the workplace and maintain records of their verification results.
Are Employers Required To Verify The Work Authorization Of All Employees At The State Level in Arizona?
Yes, employers in Arizona are required to use E-Verify to confirm the work authorization of all employees. E-Verify is a federal program that verifies an employee’s identity and employment eligibility. Employers must register with E-Verify online and must use E-Verify for all new hires in Arizona. All employers in Arizona are required to use E-Verify to ensure that they are hiring legal immigrant workers. Additionally, employers must also keep employment verification documents on file for all employees.What Documentation Is Acceptable For Verifying Work Authorization Under State Law in Arizona?
Under Arizona law, employers must retain documentation from their employees to verify their work authorization. Acceptable documents include:• A valid Arizona driver’s license or non-operating identification card issued by the Arizona Motor Vehicle Division;
• A U.S. passport;
• Permanent Resident Card/Alien Registration Receipt Card (Form I-551);
• An employment authorization document issued by the Department of Homeland Security (DHS);
• An unexpired foreign passport with a Temporary I-551 stamp;
• An unexpired Employment Authorization Document (Form I-766);
• An unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) indicating an authorized stay in the U.S.; or
• A foreign passport with an unexpired Visa and Form I-94 indicating an authorized stay in the U.S.
Are There Penalties For Employers Who Fail To Comply With State-Level Work Authorization Verification Requirements in Arizona?
Yes. An employer who fails to comply with state-level work authorization verification requirements in Arizona may be subject to civil and/or criminal penalties, including fines and/or imprisonment, depending on the severity of the violation. Criminal penalties may include a fine of up to $1,000 for a first conviction and up to $2,500 for a subsequent conviction. Additionally, employers may be subject to civil penalties of up to $10,000 for each violation.How Do State-Level Work Authorization Verification Requirements Impact Employees With Different Immigration Statuses in Arizona?
State-level work authorization verification requirements in Arizona impact employees with different immigration statuses in a variety of ways. Employees with valid immigration statuses must provide proof of their authorization to work in the U.S. in order to qualify for a job in Arizona. This includes those with valid documents such as green cards, visas, and other immigration statuses such as permanent residents or refugees. On the other hand, individuals without valid immigration statuses, such as undocumented immigrants, are not permitted to work in Arizona legally and are therefore ineligible for employment in the state.Additionally, employers must use the federal E-Verify system when hiring employees in Arizona, which helps to ensure that an applicant is authorized to work in the United States by confirming their identity and work eligibility status. Employers who do not comply with state or federal verification requirements face penalties, including fines and potential criminal charges. As a result, undocumented immigrants may be at a disadvantage when seeking employment in Arizona due to the state’s strict requirements for verifying eligibility to work.
Can State-Level Work Authorization Verification Requirements Vary By Industry Or Sector in Arizona?
Yes, state-level work authorization verification requirements can vary by industry or sector in Arizona. For example, employers in the hospitality industry may be required to use the federal E-Verify system to confirm their employees’ eligibility to work in the U.S., while other industries may be exempt from this requirement. In addition, some industries may require additional documents from employees, such as proof of Arizona residency or a valid driver’s license. Employers should check with their state labor office for more specific requirements.Do States Use The Federal E-Verify System For Work Authorization Verification, Or Do They Have Their Own Systems in Arizona?
Yes, Arizona does use the federal E-Verify system for work authorization verification. Employers in Arizona are required to use the federal E-Verify system to verify the work authorization of all newly hired employees.Are There Exceptions Or Accommodations For Certain Categories Of Workers Under State-Level Work Authorization Verification in Arizona?
Yes, there are exceptions and accommodations for certain categories of workers under state-level work authorization verification in Arizona. These categories include seasonal and temporary workers, religious workers, student exchange program participants, and employees hired through a staffing agency. In addition, employees who are lawfully present in the U.S. under DACA (Deferred Action for Childhood Arrivals) are exempt from employment verification requirements. Certain non-immigrant visa holders may also be exempt from the state’s employment verification requirements.How Do States Balance Work Authorization Verification With Anti-Discrimination Laws And Privacy Concerns in Arizona?
In Arizona, employers must comply with both federal and state laws when it comes to work authorization verification. Under federal law, employers must verify the identity and employment eligibility of all new employees hired after November 6, 1986. Employers must use the Employment Eligibility Verification Form (Form I-9) to document this eligibility.To ensure compliance with anti-discrimination laws, employers must treat all applicants for employment equally. U.S. immigration laws prohibit employers from discriminating against job applicants based on their national origin or citizenship status. Additionally, employers cannot require an applicant to provide specific documents during the hiring process—such documents must be provided voluntarily.
Additionally, employers in Arizona must ensure that they are following privacy laws when it comes to collecting and retaining information about an applicant’s work authorization. This includes requiring employees to provide only the information required by law for work authorization and using secure methods for collecting and storing such information. Furthermore, employers must train their staff on proper procedures for verifying work authorization and handling sensitive information about an applicant’s work eligibility.
Can Employees Appeal Or Challenge A Work Authorization Verification Decision Made By Their Employer Or The State Agency in Arizona?
Yes, employees can appeal or challenge a work authorization verification decision made by their employer or the state agency in Arizona. If an employee feels that their employer or the state agency has made an incorrect decision regarding the work authorization of the employee, they can file a request for hearing with the Office of Administrative Hearings. The employee must provide evidence that the employer’s or state agency’s decision was incorrect. The Office of Administrative Hearings will then review the evidence and make a decision. Once a decision is made, if the employee disagrees with it they may then appeal the decision to the Arizona Supreme Court.What Resources Or Guidelines Are Available To Employers To Navigate State-Level Work Authorization Verification Requirements in Arizona?
1. Arizona Department of Economic Security: The Arizona Department of Economic Security (DES) provides information and resources on the requirements for employers to verify work authorization in Arizona. It also provides a list of documents that may be used to verify eligibility.2. Arizona Attorney General’s Office: The Arizona Attorney General’s Office provides resources for employers to understand the state’s laws regarding work authorization verification.
3. USCIS Employer Resources: The U.S. Citizenship and Immigration Services (USCIS) offers a range of fact sheets and other resources to help employers understand their responsibilities when it comes to work authorization verification.
4. Arizona Chamber of Commerce and Industry: The Arizona Chamber of Commerce and Industry provides resources and guidance to employers on the state’s work authorization verification requirements.
5. Balch & Bingham LLP: Balch & Bingham LLP offers a range of legal services, including assistance for employers navigating the state’s work authorization verification requirements.
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