I-9 Verification and E-Verify
Frequently Asked Questions

Which states currently address the use of E-Verify?

Seventeen states have required the use of E-Verify for public or private employers. Pennsylvania and Tennessee encourage its use through providing a safe harbor from state penalties for employers enrolled in E-Verify. The states that address the use of E-Verify include:

States that require E-Verify for all employers:

Alabama
Passed in 2011, HB 56 (Beason-Hammon Alabama Taxpayer and Citizen Protection Act) is regarded as the nation's toughest immigration enforcement law passed at the state level. This law requires all businesses, public and private, to begin using E-Verify by April 2012. Employers also must prove to not employing an unauthorized alien as a condition of being awarded any government contract, grant or incentive. The penalty for businesses not complying with the E-Verify mandate is a suspension of its business license. top ↑

Arizona
Passed in 2007, HB 2779 (Arizona Fair and Legal Employment Act) prohibits employers from knowingly hiring undocumented workers and requires all employers to use E-Verify, effective Jan. 1, 2008. It was followed up in 2008 with HB 2745, which prohibits government contracts to any businesses not using E-Verify, effective May 1, 2008. top ↑

Mississippi
Passed in 2008, SB 2988 requires public and private employers to participate in E-Verify with full participation by July 2011. top ↑

South Carolina
On June 27, 2011, Gov. Nikki Haley signed into law Act 69 that requires all employers to enroll in the E-Verify system beginning Jan. 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days of hiring. top ↑

Utah
Passed in 2010, SB 0251 requires all employers with more than 15 employees to begin using E-Verify by July 1, 2011. Companies that utilize legal guest workers do not have to use E-Verify. But private employers can also voluntarily register certifying participation in verification. Passed in 2008 and made effective on July 1, 2009, SB 81 requires public employers, public contractors and subcontractors to use E-Verify and makes it illegal to discharge a lawful employee while retaining an unauthorized alien in the same job category. top ↑

States that require E-Verify for only state agencies, public employers and contractors:

Florida
Gov. Scott State signed an executive order in May 2011 that requires all agencies under the direction of the Governor must verify the employment eligibility of all new agency employees through the E-Verify system. This order also mandates that state agencies include an express requirement that state contractors and subcontractors utilize the E-Verify system for all new employees during the contract term. top ↑

Georgia
Passed in 2006, SB 529 requires public employers, contractors and subcontractors with 500 or more employees to use E-Verify for all new employees, effective July 1, 2007. Public employers, contractors and subcontractors with more than 100 employees must use E-Verify on or before July 1, 2008 and public employers, contractors and subcontractors with fewer than 100 employees must use E-Verify on or before July 1, 2009. Passed in 2011, HB 87 requires all private businesses with more than 10 employees use E-Verify. The phase-in began on July 1, 2011 and runs through July 1, 2013. top ↑

Idaho
In May, 2009, Gov. Butch Otter signed an executive order requiring all state agencies and contractors to use E-Verify if they want a share of the state's $1.24 billion from the economic stimulus bill. After July 1 2009, every contract by a state agency for a state project or service shall include appropriate civil penalties for violating this executive order. top ↑

Indiana
Passed in 2011, SB 590 requires state and local agencies and contractors to use E-Verify. The bill also requires private employers to use E-Verify in order to qualify for certain tax credits on their state income taxes. top ↑

Louisiana
Passed in August 2011, HB 342 requires all state and local contractors to use E-Verify. HB 646 requires private employers to either use E-Verify or check multiple forms of identification from the new hire, which must be kept on file. The bill states that employers that chose to use E-Verify to check the status of new hires have acted in "good faith" and are protected from prosecution. top ↑

Missouri
Passed in 2008, HB 1549 requires all public employers, businesses with a state contract or grant in excess of $5,000 or any business receiving state-administered or subsidized tax credit, tax abatement or loan to use E-Verify. If a court finds that a business knowingly employed someone not authorized to work, the company’s business permit and licenses will be suspended for 14 days. top ↑

Nebraska
Passed in 2009, LB403 requires state and local governments, contractors and businesses qualifying for state tax incentive programs to use E-Verify effective Oct. 1, 2009. The bill also includes incentives for private employers to use E-Verify. top ↑

North Carolina
Passed in 2006, SB 1523 requires all state agencies, offices and universities to use E-Verify. The law applies to all employees hired after Jan. 1, 2007. Passed in 2011, HB 36 requires all private employers with more than 25 employees to use E-Verify. The phase-in period begins in October 2012 and runs through July 2013. Seasonal workers are not required to be verified through E-Verify. top ↑

Tennessee
Passed in 2011, HB 1378 requires all employers with at least six employees use E-Verify. All employers in Tennessee must verify the employment eligibility of all new hires by either enrolling in E-Verify or requesting that the newly hired employee provide a valid Tennessee driver’s license or photo identification card. The phase-in began in January 2012 and runs through January 2013. Companies that utilize legal guest workers do not have to use E-Verify. top ↑

Virginia
Passed in 2010, HB 737 requires all state agencies to begin using E-Verify by Dec. 1, 2012. Passed in March 2011, HB 1859/SB 1049 requires all state contractors with at least 50 employees and a contract worth at least $50,000 to use E-Verify. top ↑

States that require E-Verify for only state contractors:

Colorado
Passed in 2006, HB 1343 prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal aliens and requires prospective contractors use E-Verify to ensure legal work status of all employees. In 2008, SB 193 was passed which requires contractors with state contracts to use E-Verify, effective Aug. 6, 2008. top ↑

Minnesota
In January 2008, Gov. Tim Pawlenty issued an executive order stating that all hiring authorities within the executive branch of state government or any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program. The executive order expired 90 days after Pawlenty left office. Under the Finance Omnibus Bill, a contract for services valued in excess of $50,000 must require certification from the vendor and any subcontractors that they have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees who will perform work on behalf of the state of Minnesota effective July 20, 2011. top ↑

States with state-wide legislation pending regarding E-Verify:

Michigan
(Pending) Offered by Rep. David Ogema, HB 4355 would require that state and local government offices and agencies that refer employees to those offices, verify new hires through E-Verify. top ↑

Oklahoma
(Pending) Passed in 2007 and made effective on Nov. 1, 2007, HB 1804 (Oklahoma Taxpayer and Citizen Protection Act) requires public employers, contractors and subcontractors to participate in E-Verify and requires income tax withholding for independent contractors who do not have valid Social Security numbers. In June 2008, the U.S. District Court for the Western District of Oklahoma issued an injunction barring the state from enforcing the state’s E-Verify law. The injunction will prevent Oklahoma from enforcing the law until a final decision is reached on whether the Oklahoma law should be invalidated because it is preempted by federal law. top ↑

Pennsylvania
(Pending) Offered by Rep. Daryl Metcalfe, HB 738 would require all employers in Pennsylvania to use E-Verify. top ↑

States with E-Verify laws that have expired or been rescinded:

California
In October 2011, Gov. Jerry Brown signed AB1236 into law. The law prohibits state municipalities from passing mandatory E-Verify ordinances. top ↑

Illinois
HB 1744 bars companies from enrolling in the E-Verify system until accuracy and timeliness issues are resolved. On Aug. 24, 2009, Illinois enacted S1133 prohibiting the state or localities from requiring employers to use an employment eligibility verification system. Illinois also enacted HB 1743, which creates privacy and anti-discrimination protections for workers if employers participating in E-Verify do not follow the program’s procedures. As of January 2012 employers can voluntarily use E-Verify. top ↑

Rhode Island
In March 2008, Gov. Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all businesses, including grantees, contractors, subcontractors and vendors to use E-Verify. Shortly after taking office in 2011, Gov. Lincoln Chafee rescinded Gov. Carcieri's executive order. top ↑

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