Pennsylvania Immigration and Work Eligibility Laws

Overview of Work-Eligibility Compliance

If you’re hiring in Pennsylvania, you’re working under the federal Immigration Reform and Control Act (IRCA) framework. That means every employee must complete a Form I-9 within three business days of starting work, and employers are required to retain it for three years after the hire date or one year after termination, whichever is longer.

But Pennsylvania adds a twist: it has state-level E-Verify requirements for public works contractors, and it enforces those rules with real consequences. Let’s break down what employers need to know to stay compliant in the Keystone State.

Immigration Reform and Control Act (IRCA) Compliance in Pennsylvania

Does Pennsylvania Law Differ From Federal IRCA?

Not in terms of the I-9 form itself. Pennsylvania doesn’t modify the federal requirements, doesn’t add new document standards, and doesn’t mandate longer retention timelines. But the state does take I-9 compliance seriously, especially for companies doing business with the government.

Common Employer Questions About IRCA in Pennsylvania

Which I-9 documents are most frequently rejected? Expired IDs, inconsistent data across documents, and unsigned employer certification sections.

Can we accept a digital driver’s license? Nope. Still not acceptable under federal I-9 rules—original, physical documents are a must.

How soon must the I-9 be completed for remote hires? Section 1 is due on or before the first day of work, and Section 2 must be completed within three business days, even if remote—use an authorized representative.

Are photocopies of documents permitted? Only if you’re keeping them for internal records and applying the practice consistently.

Municipalities in Pennsylvania With Additional IRCA-Related Requirements

Pennsylvania preempts local immigration enforcement, so municipalities can’t enforce stricter IRCA policies. That said, Philadelphia and Pittsburgh have broader worker-protection ordinances that may touch on hiring and anti-discrimination policies.

E-Verify Requirements in Pennsylvania

Is E-Verify Mandated Beyond Federal Law?

Yes. Under the Public Works Employment Verification Act (Act 127):

• Contractors and subcontractors on public works projects must use E-Verify
• Applies to projects valued over $25,000
• Law has been in effect since January 1, 2013

Private employers not working with the state aren’t required to use E-Verify—but it’s still encouraged to avoid future hiccups.

Common Employer Questions About E-Verify in Pennsylvania

When must the E-Verify case be opened—hire date or start date? Within three business days of the employee’s start date.

What do we do with a “Tentative Non-Confirmation”? Provide the employee a Further Action Notice, review their options, and give them a fair shot to contest the result.

How are remote workers handled? Same as in-office hires—use a remote representative to examine documents, then submit through E-Verify.

Are there civil vs. criminal penalties for non-use? Yes. Noncompliance with E-Verify requirements under Act 127 can result in:

• Warnings and fines from the PA Department of General Services
• Potential disqualification from future public contracts

Local E-Verify Ordinances in Pennsylvania

No cities have separate E-Verify rules—state law governs all public works contract situations.

Visa & Employment Authorization Rules in Pennsylvania

State-Specific Restrictions or Accommodations

Pennsylvania requires proof of lawful presence for a wide range of professional licenses, including:

• Law and medicine
• Engineering and architecture
• Education

Pennsylvania also participates in the Conrad 30 J-1 waiver program, offering immigration flexibility to healthcare employers in underserved communities.

Common Employer Questions About Visa Sponsorship and EADs in Pennsylvania

Can we file H-1B transfers for employees living out of state? Yes—there are no state restrictions on federal visa transfers.

Must we update payroll tax status when an EAD renews? Yes—you’ll need to update the Form I-9 and ensure payroll reflects any status change.

Is there a state fee or notice requirement for foreign-worker layoffs? No. Only the federal WARN Act applies here.

Municipal Ordinances Affecting Visa/EAD Employment Eligibility

Philadelphia has strong anti-discrimination and pro-worker policies, which include protections against retaliation based on immigration status. While not specific to EADs, these ordinances influence how employers handle employment authorization issues.

Penalties for Non-Compliance in Pennsylvania

Failing to comply with federal or state rules can get expensive:

• Federal penalties: $281–$2,789 per I-9 paperwork error; up to $27,894 for each unauthorized hire
• State penalties under Act 127: Warnings, civil fines, and potential debarment from public contracts

Record-Keeping & Retention Guidelines

Pennsylvania follows federal I-9 retention rules:

• Retain for three years after hire or one year after termination, whichever is longer
• Maintain E-Verify confirmations (if applicable) with the I-9 file

There are no state-specific extensions or requirements.

Anti-Discrimination & Retaliation Protections

Pennsylvania enforces both federal INA § 274B and its own Human Relations Act, which prohibits discrimination based on:

• National origin
• Race and ethnicity
• Citizenship status (to a degree, under broader protected-class policies)

Philadelphia and other cities have also passed ordinances that protect undocumented workers from retaliation when reporting wage theft or unsafe working conditions.

Employer Best Practices for Immigration and Work Eligibility Laws in Pennsylvania

• Enroll in E-Verify if you’re bidding on public works
• Keep all I-9s and E-Verify documents in secure, centralized storage
• Use reverification alerts to track expiring EADs and visas
• Train HR staff on proper document handling and bias avoidance
• Conduct internal audits to catch compliance issues before the feds do

How WorkforceHub Simplifies Immigration and Work Eligibility Compliance

Whether you’re managing public contracts in Harrisburg or onboarding remote workers in Scranton, WorkforceHub has your back:

• Guided Form I-9 completion with built-in error checks
• Seamless E-Verify integration for state or federal contractors
• Automatic reverification alerts
• Secure, centralized digital document vault
• Custom compliance reporting for audits or bid requirements

See a demo to learn how WorkforceHub keeps Pennsylvania employers compliant—without the paperwork headache.