Maryland Immigration and Work Eligibility Laws

Overview of Work-Eligibility Compliance

Hiring in Maryland? You’re subject to the Immigration Reform and Control Act (IRCA) just like every other U.S. employer. That means completing and retaining Form I-9 for every new hire and confirming their legal work eligibility.

I-9s must be retained for three years after the hire date or one year after termination, whichever is later. While E-Verify is not mandated for all Maryland employers, it’s required in some public contracting scenarios. Plus, Maryland has a few unique twists on worker protections worth noting.

Let’s break it all down.

Immigration Reform and Control Act (IRCA) Compliance in Maryland

Does Maryland Law Differ From Federal IRCA?

Maryland aligns closely with federal IRCA requirements. There are no state-specific document requirements, retention rules, or I-9 processes that differ from the federal standard.

However, employers should know that Maryland law does include additional anti-discrimination protections that overlap with I-9 and employment eligibility processes—especially around race, ethnicity, and national origin.

Common Employer Questions About IRCA in Maryland

Which I-9 documents are most frequently rejected? Typically, expired IDs, incorrect document pairings (e.g., List A vs. B/C), or missing pages. No Maryland-specific rejection list.

Can we accept a digital driver’s license? Nope. Federal I-9 rules still require physical, unexpired documents.

How soon must the I-9 be completed for remote hires? Section 1 must be completed by the first day of work, and Section 2 within three business days of the start date.

Are photocopies of documents permitted? Yes, but they must be kept securely and used consistently across all employees if adopted as a policy.

Municipalities in Maryland With Additional IRCA-Related Requirements

No cities or counties in Maryland have additional I-9 rules. State law preempts local immigration-related employment mandates.

E-Verify Requirements in Maryland

Is E-Verify Mandated Beyond Federal Law?

Not statewide. Maryland does not mandate E-Verify for all employers. However:

• Public employers and state contractors may be required to use E-Verify
• Contractors receiving certain state funds or performing government work may be bound by E-Verify clauses in their agreements

Private employers outside of those categories are not required to use E-Verify.

Common Employer Questions About E-Verify in Maryland

When must the E-Verify case be opened—hire date or start date? Federal rule applies: open the case within three business days after the employee starts work.

What do we do with a “Tentative Non-Confirmation”? Give the employee a Further Action Notice and let them decide whether to contest. No action should be taken until it’s resolved.

How are remote workers handled? Use a trusted representative to review documents and complete Section 2. Then proceed with E-Verify like normal.

Are there civil vs. criminal penalties for non-use? Only if you’re contractually required to use E-Verify and fail to do so. Otherwise, there’s no penalty for opting out.

Local E-Verify Ordinances in Maryland

None. There are no city or county-level E-Verify mandates in Maryland.

Visa & Employment Authorization Rules in Maryland

State-Specific Restrictions or Accommodations

Maryland does not restrict visa holders from employment but does require proof of lawful presence for certain professional licenses:

• Medical professionals
• Teachers
• Engineers
• Accountants and lawyers

Maryland also participates in the Conrad 30 program, bringing J-1 physicians to underserved communities.

In addition, Maryland has passed progressive laws around immigration—such as offering in-state tuition for DACA recipients—but those do not directly affect employment eligibility.

Common Employer Questions About Visa Sponsorship and EADs in Maryland

Can we file H-1B transfers for employees living out of state? Yes. Maryland imposes no state-specific restrictions on visa portability.

Must we update payroll tax status when an EAD renews? Maryland doesn’t require it, but you do need to update the I-9 once new authorization is received.

Is there a state fee or notice requirement for foreign-worker layoffs? Nope. Just follow the federal WARN Act if it applies.

Municipal Ordinances Affecting Visa/EAD Employment Eligibility

None. Maryland state law governs immigration-related employment matters and bars municipalities from creating their own frameworks.

Penalties for Non-Compliance in Maryland

Federal penalties apply:

• $281–$2,789 per I-9 paperwork violation
• Up to $27,894 per unauthorized worker knowingly hired

Maryland does not impose additional penalties but can pursue enforcement through state agencies if violations intersect with anti-discrimination or wage laws.

Record-Keeping & Retention Guidelines

Stick with federal retention rules:

• Keep I-9s for three years after the date of hire or one year after the date of termination, whichever is later
• E-Verify records must be retained alongside I-9s if the employer participates in the program

No extra retention requirements in Maryland.

Anti-Discrimination & Retaliation Protections

Maryland follows federal INA § 274B standards:

• No discrimination based on citizenship status or national origin
• No over-documentation during I-9 completion
• No retaliation against workers who assert verification rights

Additionally, the Maryland Commission on Civil Rights enforces broader workplace discrimination rules that can affect immigrant employees.

Employer Best Practices for Immigration and Work Eligibility Laws in Maryland

• Know whether your contracts require E-Verify
• Train HR staff on proper I-9 handling and anti-discrimination law
• Conduct internal I-9 audits yearly
• Use reverification alerts to stay ahead of expiring work authorizations
• Ensure all records are stored securely and consistently

How WorkforceHub Simplifies Immigration and Work Eligibility Compliance

WorkforceHub helps Maryland employers get ahead of compliance challenges with:

• Step-by-step I-9 guidance with real-time error checking
• E-Verify integration for public contracts or federal grants
• Reverification alerts to manage EADs and other expiring documents
• Secure digital vault for document storage and access control
• Exportable audit reports for federal or contract compliance

See a demo to learn how WorkforceHub helps Maryland employers streamline hiring compliance and reduce risk.