E-Verify is a voluntary, internet-based program for employers to verify the work authorization of all new hires. The program is administered by the U.S. Department of Homeland Security in partnership with the Social Security Administration.
Currently, 22 states—Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia—require the use of E-Verify for at least some public and/or private employers.
Nine states—Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Utah—require E-Verify for all employers (some states have exemptions for small businesses). Eleven states—Colorado, Florida, Idaho, Indiana, Michigan, Missouri, Nebraska, Oklahoma, Texas, Virginia, and West Virginia—require E-Verify for most public employers. Minnesota and Pennsylvania require E-Verify for certain public contractors and subcontractors.
On May 26, 2011, the U.S. Supreme Court upheld Arizona’s 2007 law requiring employers to use E-Verify, with violations punishable by suspension or revocation of the employer’s business license.
The Immigration Reform and Control Act of 1986 (IRCA) preempts any state or local law from imposing civil or criminal sanctions (other than through licensing and similar laws) on those who employ, recruit, or refer, for a fee, unauthorized immigrants.[1] The Supreme Court, in a 5–3 decision, determined that this language did not preempt Arizona’s law because it fell within IRCA’s licensing exception. The Court also held that the E-Verify program itself was not preempted: “Although Congress made the program voluntary at the national level, it expressed no intent to prevent states from mandating participation.”[2]
States That Require E-Verify for All (or Most) Private Employers
These states generally require all private employers to verify the legal work authorization of new hires through the federal E-Verify system, though specific exemptions (such as for sole proprietorships or very small businesses) may apply.
- Alabama
- Arizona
- Florida: (employers with 25+ employees)
- Georgia (employers with 10+ employees)
- Mississippi
- North Carolina (employers with 25+ employees)
- South Carolina
- Tennessee (employers with 50+ employees)
- Utah
States With Targeted Mandates (Public Employers, Contractors, or Specific Industries)
The following states do not require E-Verify for all private businesses but mandate its use for public (government) employers, state contractors/subcontractors, or specific sectors such as construction.
- Colorado: Mandates use for public agencies and public contracts.
- Idaho: Mandates use for public contractors and subcontractors.
- Indiana: Mandates use for public employers and certain businesses receiving state grants.
- Louisiana: Mandates use for public employers, private employers bidding on public projects, and subcontractors.
- Michigan: Mandates use for certain state department contractors.
- Minnesota: Mandates use for public contracts exceeding $50,000.
- Missouri: Mandates use for public employers and any employer with a state contract over $5,000.
- Nebraska: Mandates use for all public employers and employers receiving state tax incentives.
- Oklahoma: Mandates use for all public employers and public contractors/subcontractors.
- Pennsylvania: Mandates use for public works contractors/subcontractors and the construction industry.
- Texas: Mandates use for state agencies, public contractors/universities.
- Virginia: Mandates use for state agencies and public contracts.
- West Virginia: Mandates use for public employers and public works contractors/subcontractors.
For exact compliance requirements on E-verify laws, thresholds, and industry-specific regulations, it is highly recommended to consult the National Conference of State Legislatures or your specific state’s department of labor website.
[1] 8 U.S.C. 1324a(h).
[2] Chamber of Commerce of the United States of America v. Whiting (No. 09-115).
