Michigan Immigration and Work Eligibility Laws

Overview of Work-Eligibility Compliance

Hiring in Michigan? Then you’re already playing under the big federal rulebook—the Immigration Reform and Control Act (IRCA). That means every employer must verify a new hire’s identity and authorization to work in the U.S. using Form I-9.

You’ve got to keep that I-9 for three years after the date of hire or one year after the termination date, whichever is later. While E-Verify isn’t required across the board in Michigan, it does come into play for some public employers and contractors.

Now, let’s break down what’s required, what’s optional, and what could cost you if you miss a beat.

Immigration Reform and Control Act (IRCA) Compliance in Michigan

Does Michigan Law Differ From Federal IRCA?

Michigan keeps it simple: the state follows federal IRCA standards. There are no extra document retention rules, no added verification requirements, and no state-issued I-9 forms.

But don’t get too comfortable—if you’re working on public contracts or projects funded by the state, extra layers may still apply.

Common Employer Questions About IRCA in Michigan

Which I-9 documents are most frequently rejected? Same as anywhere else: expired IDs, missing pages, or wrong combinations from List A/B/C.

Can we accept a digital driver’s license? No. Even if Michigan offers digital ID formats, the federal I-9 still requires physical, unexpired documents.

How soon must the I-9 be completed for remote hires? Federal rule applies: Section 1 by the first day of work, Section 2 within three business days after the employee starts.

Are photocopies of documents permitted? Yes—if you apply this policy consistently across all employees and store them securely.

Municipalities in Michigan With Additional IRCA-Related Requirements

None. Michigan doesn’t allow cities or counties to set their own I-9 standards. Immigration-related employment policies are handled at the federal or state level.

E-Verify Requirements in Michigan

Is E-Verify Mandated Beyond Federal Law?

Not for most employers. E-Verify is not mandatory statewide in Michigan. However:

• State agencies and certain public contractors must use E-Verify as part of contract compliance
• Some local governments may encourage or include E-Verify clauses in service contracts

Private-sector employers not working with public funds can choose whether or not to enroll.

Common Employer Questions About E-Verify in Michigan

When must the E-Verify case be opened—hire date or start date? Within three business days after the employee starts work for pay. Same rule as federally.

What do we do with a “Tentative Non-Confirmation”? Notify the employee and provide the Further Action Notice. Let them decide if they’ll contest the result, and don’t take adverse action until the issue is resolved.

How are remote workers handled? Use a trusted agent or representative to complete the in-person document review. Then process the E-Verify case as usual.

Are there civil vs. criminal penalties for non-use? Only if you’re contractually required to use E-Verify and fail to do so—then it’s a breach, not a criminal matter.

Local E-Verify Ordinances in Michigan

Michigan law doesn’t delegate immigration-related employment verification to municipalities. That means you won’t see local E-Verify mandates, even in big cities like Detroit or Grand Rapids.

Visa & Employment Authorization Rules in Michigan

State-Specific Restrictions or Accommodations

Michigan doesn’t limit visa holder employment, but professional licensing requires lawful presence. That’s relevant for roles like:

• Medical professionals
• Teachers
• Engineers
• Electricians and plumbers

Michigan also participates in the Conrad 30 J-1 waiver program to place foreign medical graduates in underserved areas.

No state-run visa programs or incentives exist outside federal programs.

Common Employer Questions About Visa Sponsorship and EADs in Michigan

Can we file H-1B transfers for employees living out of state? Yes. Michigan doesn’t interfere with federal visa transfer processes.

Must we update payroll tax status when an EAD renews? Michigan doesn’t require this, but you must update Form I-9 and maintain current records.

Is there a state fee or notice requirement for foreign-worker layoffs? No. Just follow federal WARN Act rules if they apply. Michigan adds no state-level notice obligation.

Municipal Ordinances Affecting Visa/EAD Employment Eligibility

None. Michigan law preempts municipal immigration regulation, keeping employment laws uniform across the state.

Penalties for Non-Compliance in Michigan

Federal penalties are the real threat:

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

Michigan doesn’t tack on extra fines but may enforce rules via contract clauses for public contractors.

Record-Keeping & Retention Guidelines

Stick to the federal playbook:

• Retain I-9 forms for three years after hire or one year after termination, whichever is longer
• If using E-Verify, keep the case result records with the I-9

There are no Michigan-specific retention rules.

Anti-Discrimination & Retaliation Protections

Michigan enforces federal protections under INA § 274B, and its own anti-discrimination laws via the Michigan Department of Civil Rights (MDCR):

• No document abuse or selective treatment
• No retaliation for exercising legal rights
• Broader protections for race, national origin, and ethnicity

Employers must tread carefully—especially during onboarding and termination.

Employer Best Practices for Immigration and Work Eligibility Laws in Michigan

• Review public contracts for E-Verify obligations
• Train hiring staff on I-9 compliance and anti-bias laws
• Use secure, centralized digital storage for work eligibility docs
• Set up ticklers for expiring work authorizations and reverification
• Audit your I-9s annually to catch issues before they become fines

How WorkforceHub Simplifies Immigration and Work Eligibility Compliance

Whether you’re a manufacturer in Midland or a hospital in Kalamazoo, WorkforceHub helps you stay compliant without all the paperwork headaches:

• Guided Form I-9 completion with real-time validation
• Seamless E-Verify integration for public contracts
• Alerts for authorization expiration and reverification
• Secure, role-based access for document storage
• Compliance reports you can pull anytime for audits or state review

See a demo to learn how WorkforceHub makes hiring compliance effortless for Michigan employers.