State-Specific Regulations


Since Sept. 8, 2009, all federal contractors and their subcontractors (paid over $3,000) have been required to use E-Verify to confirm that all of their new hires and their current employees working directly on federal contracts are authorized to work in the United States. Some states do not have specific requirements regarding the mandatory use of E-Verify, but for those that do, we have provided details below. Just click a link to view any regulations that apply to your business.

Although state laws vary regarding the use of E-Verify, regulations change frequently. All states are subject to the federal requirements of using the E-Verify system.

Alabama

Effective April 1, 2012, every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.

Arizona

Since Jan. 1, 2008, Arizona employers have been required to use the federal E-Verify system to verify the employment eligibility of all new hires. The Legal Arizona Workers Act (LAWA) was upheld by the U.S. Court of Appeals on Sept. 17, 2008.

Colorado

Employers who have contracts with a Colorado state agency or political subdivision must use E-Verify.

Denver, CO - Effective Oct. 1, 2010-Denver city ordinance requires construction or service contractors vying for city work to use E-Verify to validate new employees' immigration status as a condition of holding a city contract. The firms must also vouch for their existing employees' immigration status before being awarded a contract

Florida

REQUIREMENTS

All FL State Agencies - Effective January 4, 2011 all agencies are under the direction of the Governor to use E-Verify to confirm the employment eligibility of all current and prospective employees (including subcontractors) assigned to perform work pursuant to a state agency contract.

Georgia

Effective 1/1/2012 - All employers with more than 500 employees must use E-Verify to check the employment eligibility of all new hires - phased in as follows:

January 1, 2012 - private employers with 500 or more employees must E-Verify all new hires.

July 1, 2012 - private employers with between 100-499 employees must E-Verify all new hires.

July 1, 2013 - private employers with between 11 and 99 employees must E-Verify all new hires.

Employers with 10 or fewer employees are exempt from using E-Verify.

Additionally, public employers and any contractors and subcontractors to a public employer must participate in E-Verify effective 5/13/2011.

Cherokee County, GA - county may not enter into an agreement for services with a contractor within the state of GA unless the contractor can provide evidence that all employees have within the previous twelve months been processed in the E-Verify system.

Idaho

Since July 1, 2009, Pursuant to Idaho's economic stimulus bill, in order to receive benefit from the stimulus bill, all state agencies and contractors are required to use E-Verify.

Illinois

Since Jan. 1, 2010, all employers have been able to voluntarily use E-Verify. Employers using the E-Verify program are required to attest on this form.

Indiana

Since Sept. 30, 2009, state and local governments, as well as their contractors, are required to use the E-Verify system for all new hires. Some private employers are also required to use E-Verify.

Effective July 1, 2011 - All state agencies, political subdivisions, contractors with public contracts with the state or a political subdivision, and other business entities are required to use E-Verify. Certain state income tax credits and deductions will not be applied to those employers unless they participate in the E-Verify program.

Iowa

Since May 29, 2007, all businesses that receive state economic development grants have been required to certify that all new employees are authorized to work in the United States.

Louisiana

State contractors are required to E-Verify and must submit an affidavit attesting that they will use the E-Verify program to verify work status of employees before they are eligible to bid on contracts for state work. This also applies to their subcontractors.

Massachusetts

Since Feb. 23, 2007, all contractors doing business with an Executive Branch Agency have been required to certify that they shall not knowingly use undocumented workers.

Minnesota

Since Jan. 7, 2008, the executive branch of the state government, as well as employers with state contracts in excess of $50,000, have been required to use E-Verify.

Mississippi

The following dates reflect mandatory use of E-Verify:

  • July 1, 2008 - All state and local government agencies, public contractors and subcontractors, and private employers with 250 or more employees
  • July 1, 2009 - All employers with at least 100 but fewer than 250 employees
  • July 1, 2010 - All employers with at least 30 but fewer than 100 employees

On July 1, 2011, all employers in the State of Mississippi will be required to use E-Verify.

Missouri

Since Jan. 1, 2009, the following employers have been required to use E-Verify or other federal work authorization programs:

  • All public employers
  • Any business with a state contract or grant in excess of $5,000
  • Any business receiving state-administered or subsidized tax credit, tax abatement or loan from the state

City of Springfield - Every Business Entity that applies for a business license/permit to engage in any type of work with the city must enroll in E-Verify and run all new hires. NOTE: There is currently a preliminary injunction preventing the city from enforcing General Ordinance No. 5988.

Nebraska

Since Oct. 1, 2009, all public employers (all state agencies, boards and commissions) have been required to use E-Verify. In addition, agency contracts issued on or after that date must contain a clause requiring the contractor to use E-Verify for new hires.

Businesses qualifying for state tax incentive programs are also required to use E-Verify.

Private employers are not affected unless they are doing contract work for the state or receiving state economic incentives.

Effective March 5, 2012 the city of Fremont, NE requires that all business entities doing business in the City of Fremont that employ one or more persons must register in the E-Verify program on or before May 4, 2012. A business entity may register online. A business entity that applies for any contract, loan, grant, license, or permit from the City after March 5, 2012, must provide documentation that the business entity has registered in the E-Verify program and must execute an affidavit stating that the business entity does not knowingly employ any person who is an unauthorized alien.

New York

Suffern Village - Any new contractor with Suffern Village must use E-Verify to verify work status of new employees.

North Carolina

Since Jan. 1, 2007, all state agencies, offices and universities have been required to use E-Verify. In Alamance County since Jan. 1, 2010, all contractors and subcontractors with the county have been required to use E-Verify.

All NC businesses must use E-Verify - applies to all employers with at least 25 employees. Seasonal employees are exempt from the law if the employee works 90 days or fewer during a 12 month period.

Effective according to the following schedule:

October 1, 2012 - employers that employ 500 or more employees

January 1, 2013 - employers that employ 100 or more employees

July 1, 2013 - employers that employ 25 or more employees

Oklahoma

The state has issued the following information on the subject of mandated verification of work eligibility:

  • Nov. 1, 2007 - All state and local government agencies and private employers with government contracts must use E-Verify.
  • July 1, 2008 - Contractors and subcontractors who enter into a contract with a public employer for the physical performance of services within Oklahoma must register and participate in a federal program to verify the work eligibility status of all new employees.
  • June 4, 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 until a final decision is reached on whether the Oklahoma law should be invalidated because it is preempted by federal law.
  • February 2, 2010 The 10th Circuit Court of Appeals upheld Oklahoma's authority to enforce the states E-Verify law, requiring public contractors to participate in the federal E-Verify program.

Pennsylvania

Effective January 1, 2013 all public works contractors and subcontractors with the state must enroll in and use E-Verify.

Since July 10, 2006, state contractors have been prohibited from knowingly employing or knowingly permitting their subcontractors to employ undocumented workers.

Additionally, in Allegheny County, companies working on publicly funded projects are required to use E-Verify to verify work status of all employees.

South Carolina

Effective 1/1/12 the state of South Carolina will begin requiring all employers to use E-Verify. Failure to do so will result in probation for the employer or suspension/revocation of the employers business licenses.

Tennessee

Effective January 1, 2017, all Tennessee employers with 50 or more employees will be required to use E-Verify to verify employment eligibility of workers hired on or after that date.

Effective July 1, 2013 - All private employers with 5 or more employees must register and utilize E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.

Effective January 2012 - All state and government agencies must enroll in and participate in E-Verify or obtain approved identity/employment authorization documents from newly hired employees.

Effective January 2012 - All private employers with 500+ employees must be using E-Verify for new hires or obtain approved identity/employment authorization documents from newly hired employees.

July 1, 2012 - All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.

January 1, 2013 - All private employers with 6 to 199 employees must register and utilize E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.

Since Jan. 1, 2008, Tennessee employers that knowingly hire illegal immigrants or fail to adequately check the legal status of employees have been at risk for having their business licenses suspended for one year.

Additionally, the Tennessee Lawful Employment Act of 2011 requires businesses with over five employees to obtain a copy of the employee's driver's license or utilize E-Verify to verify work status. The law will be applicable in phases depending on the number of workers the business employs.

Texas

All state agencies and institutions of higher education must use E-Verify. All state contractors and sub-contractors must enroll in E-Verify in order to qualify for public contracts.

Utah

All public entities and public contractors and subcontractors must use E-Verify. Public contractors may not enter into contracts with contractors unless the contractors also use a verification system.

Additionally, all employers with more than 15 employees are required to use E-Verify.

Virginia

Since March 12, 2008, public agencies and public contractors have been required to register and participate in a federal work authorization program to verify information on all new employees. Additionally, all state agencies are required to begin using E-Verify as their federal work authorization program by December 1, 2012.

No public body shall enter into a contract for the provision of goods, services or construction that will be produced or performed within the Commonwealth unless the contractor registers and participates in a federal work authorization program to verify information on all new employees.

Since that date, all public bodies have also been required to provide in every contract that the contractor does not and shall not during the performance of the contract for goods or services in the Commonwealth knowingly employ an unauthorized alien.

Washington

Clark County - Employers awarded public works or service contracts with the county must use E-Verify if the value of the contract is equal to or greater than $1 million.

City of Lakewood - All contractors and subcontractors who provide services or have a contract with the city must use E-Verify

Lewis County - All contractors and subcontractors who enter into agreements with the county must use E-Verify.

Pierce County - All contractors and business entities contracting with the county have been required to participate in the E-Verify program. This ordinance applies to those seeking road or other county public works contracts worth more than $100,000, as well as those applying for any other contract worth more than $25,000.

Woodland, WA - All companies awarded city contracts of $10,000 or more are required to use E-Verify and must enter into a contract with DHS within 60 days of the city extending the contract.

City of Yakima - All city employees, contractors and subcontractors must use E-Verify.

West Virginia

Since March 3, 2007, private employers have been required to verify a prospective employee’s legal status or work authorization prior to employing or contracting for employment services.

 

Questions


For more information on requirements specific to your business, or to get started with the simplei9.com service, contact Insperity Employment Screening.

Simplei9.com Customer Service
Phone: 800-364-7770
Fax: 877-273-6956

E-mail: simplei9@insperity.com

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