Form I-9 employment eligibility verification requirement
Federal law continues to require all Maryland employers to complete Form I-9, Employment Eligibility Verification, for every individual hired for employment in the United States after November 6, 1986. Employees must complete Section 1 of Form I-9 no later than their first day of employment, and employers must complete Section 2 within three business days of the employee’s first day by reviewing the required identity and employment authorization documents. Employers must retain each I-9 for three years after the employee’s date of hire or one year after their employment ends, whichever is later, and make forms available for inspection by authorized officials from the Department of Homeland Security (DHS), Department of Labor (DOL), or Department of Justice (DOJ).
Recent enforcement and procedural changes:
- ICE enforcement (March 16, 2026): U.S. Immigration and Customs Enforcement (ICE) revised its Form I-9 Inspection Fact Sheet to reclassify many previously technical (correctable) errors as substantive violations, eliminating the former 10-business-day correction window for those errors. Employers are now subject to immediate penalties for any deficiencies newly classified as substantive, as required under 8 C.F.R. § 274a.2.
- USCIS Form I-9 edition update: The new Form I-9 (edition date 01/20/2025, expiration date 05/31/2027) must be used for all new hires starting after July 31, 2026. After that date, older editions (including those showing a 07/31/2026 expiration) are no longer valid for compliance.
Source: 8 U.S.C. § 1324a | USCIS Form I-9 Instructions | 8 C.F.R. § 274a.2
Maryland new hire reporting requirement
Maryland law requires all employers to report information on newly hired or rehired employees to the Maryland State Directory of New Hires within 20 days of the date of hire. This requirement, codified at Md. Code Ann., Lab. & Empl. § 8-626.1, applies to every employing unit operating in Maryland and supports child support enforcement, unemployment insurance administration, and fraud prevention in public assistance programs.
Covered employers. The reporting obligation applies to all employing units in Maryland. The statute defines "date of employment" as the date on which an employee commences working for an employing unit. Both new hires and rehires must be reported.
Statutorily required information. Under § 8-626.1(b), employers must report nine data elements for each new hire:
- Employee's name
- Employee's address
- Employee's Social Security number
- Date of employment
- Date of birth (optional per the statute)
- Whether health care benefits are available to the employee
- Employee's starting wage or salary
- Federal Employer Identification Number (FEIN) of the employing unit
- State unemployment insurance account number of the employing unit
Submission methods. Employers may report by mail, magnetically, electronically, or other means determined by the Secretary of Labor. The Maryland Department of Human Services administers the reporting system through the Maryland New Hire Registry; employers can submit reports online, by mail to P.O. Box 1316, Baltimore, MD 21203-1316, or by fax.
Timing for electronic/magnetic reporting. If an employer chooses to transmit data magnetically or electronically twice per month, reports must be submitted not less than 12 days and not more than 16 days apart.
Multi-state employers. An employing unit with employees in two or more states that transmits reports magnetically or electronically may designate one state in which to file all new hire reports. Employers choosing to report to another state must notify the Maryland Secretary of Labor of the name of the state receiving the report.
Penalties. An employing unit that fails to report as required receives a written warning for the first violation. Subsequent violations are subject to a civil penalty of $20 for each month in which a violation occurs. If the failure to report results from a conspiracy between the employer and the employee to withhold the required report or to supply a false or incomplete report, the penalty increases to $500, unless the Secretary waives the penalty for cause. All violations occurring in a single month to the same employing unit constitute a single violation. An assessment is final unless the employing unit applies to the Secretary for a hearing within 15 days after mailing of the assessment.
Administrative funding. The Department of Human Services reimburses the Secretary of Labor for all costs incurred to carry out the new hire reporting program under this section.
Source: Md. Code Ann., Lab. & Empl. § 8-626.1 | Maryland New Hire Reporting, Maryland Department of Human Services
Criminal background inquiry timing and restrictions under Maryland's ban-the-box law
Maryland’s ban-the-box law (Md. Code Ann., Lab. & Empl. §§ 3-1501 to 3-1505) restricts private employers from asking about an applicant’s criminal history on an initial job application.
Timing restriction: An employer with 15 or more full-time employees may not require an applicant to disclose whether they have a criminal record or have been accused of a crime before the first in-person interview. If interviews are not part of the hiring process, the employer cannot ask until after making a conditional offer of employment. (Lab. & Empl. § 3-1502(a)).
Employer coverage threshold: The law applies to private employers with 15 or more full-time employees in Maryland, regardless of the nature of the work. It expressly exempts certain positions where federal or state law requires a criminal background inquiry (such as schools, day care, and financial institutions covered by specific statutes). (Lab. & Empl. § 3-1501, § 3-1502(b)).
Definitions: A "criminal record" means any information about an arrest or criminal accusation that did not result in a conviction, as well as convictions, guilty pleas, or nolo contendere pleas. (Lab. & Empl. § 3-1501).
Prohibitions: Employers may not require disclosure of a criminal record on an initial job application. Also, the law prohibits employer policies or practices that effectively screen applicants based on criminal record before the interview stage, regardless of the form (including checkboxes, written statements, or electronic prompts). (Lab. & Empl. § 3-1502).
Enforcement and penalties: The Maryland Commissioner of Labor and Industry enforces this law. Penalties for violation are civil fines: $300 for the first violation, $500 for a second, and $1,000 for each subsequent offense. The statute does not authorize a private right of action. (Lab. & Empl. § 3-1503).