E-Verify Requirement for Employers

E-Verify is an internet-based system that enables employers to determine the employment eligibility of newly hired employees in the United States. Participation in E-Verify is generally voluntary for most employers. However, specific circumstances may require certain employers to use E-Verify.

Key Facts

Participation in E-Verify is generally voluntary for most employers.
However, some employers may be required by state law or federal regulation to use E-Verify.
For example, in Arizona and Mississippi, most employers are required to use E-Verify.
Federal contractors are also required to use E-Verify to electronically verify the employment eligibility of employees working under covered federal contracts.
Some states and local jurisdictions have similar requirements for public agencies and/or government contractors.
Additionally, some states require private employers to participate in E-Verify.
The specific requirements for private employers vary by state. For example, Alabama, Arizona, Mississippi, and South Carolina require all private employers to use E-Verify.
Other states, such as Florida, Georgia, North Carolina, Tennessee, and Utah, have specific criteria based on the number of employees or other factors.

Federal Contractors

Federal contractors are required to use E-Verify to electronically verify the employment eligibility of employees working under covered federal contracts. This requirement is mandated by the Federal Acquisition Regulation (FAR) E-Verify clause.

State and Local Requirements

Some states and local jurisdictions have similar requirements for public agencies and/or government contractors. Additionally, some states require private employers to participate in E-Verify. The specific requirements for private employers vary by state.

States Requiring E-Verify for All Private Employers

Alabama
Arizona
Mississippi
South Carolina

States Requiring E-Verify for Some Private Employers

Florida: Private employers with 25 or more employees must use E-Verify.
Georgia: Private employers with 11 or more employees must use E-Verify.
North Carolina: Private employers with 25 or more employees must use E-Verify.
Tennessee: Private employers with 35 or more full-time equivalent employees must use E-Verify. Smaller employers may use E-Verify for newly hired employees or request and maintain documents specified in the state’s list of authorized identity and employment eligibility documents.
Utah: Private employers with more than 15 employees must use E-Verify.

It is important for employers to stay informed about the E-Verify requirements in their respective states and adhere to the regulations to avoid potential legal consequences.

Sources

FAQs