What is E-Verify

On June 11, 2008, President George W. Bush amended Executive Order 12989 to direct all executive departments and agencies to require contractors to electronically verify employment authorization of employees performing work under qualifying federal contracts. 

E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.

It compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

Who Must Use E-Verify

Participation in E-Verify is voluntary for most businesses.  Some companies may be required by state law, municipality ordnances or federal regulation to use E-Verify.

For example, most employers in Arizona and Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

On September 8, 2009 the Department of Homeland Security began requiring certain federal contractors, through language inserted into their contract, to begin using E-Verify to verify their new and existing employees.

When To Use E-Verify

E-Verification is normally required to be performed on a new employee within 72 hours of hiring.  It is not permitted before making a job offer.

According to the Department of Homeland Security more than 288,000 employers, large and small, across the United States use E-Verify to check the employment eligibility of their employees, with about 1,200 new businesses signing up each week.

How to Participate In The Program

1.  Become familiar with and agree with the E-Verify Memorandum of Understanding (MOU).

2. Select the site that will participate in the program.  If you have more than one site each site have to be enrolled individually.  You do not have to enroll all sites.  You can determine which ones to enroll or not enroll.  Once you enroll a site any new employees hired for that site must go through the E-Verify process.  States may also have their own rules with regards to enrollment.

3.  Some states may have additional requirements.  Click on your respective state link below to find out if there additional requirements.

Preparing for enrollment:

If you wish to enroll, follow the process outlined here

Click here for the actual enrollment page

Companies may choose to use an E-Verify Employer Agent.  The agent will register your company for you and file the Form I-9 Employment Eligibility Verification on your company's behalf.  Learn more here.

States Requirements

10 -   with state wide laws requiring E-Verify use.  See below
4   -   require public employers or contractors to use E-Verify
2   -   require public employers only
2   -   Contractors only
6   -   have local or municipal requirements only for Employers.  No statewide requirement.
1   -   Pending legislation
26 -   with no state or local requirement to use E-Verify

Specific States that require E-Verify enrollment

Alabama - State wide requirement for all employers.  Effective 1 April 2012

Arizona - State wide requirement for all employers.  Effective 1 May 2008

Georgia - The E-Verify requirement is about to take effect on that date by requiring employers with more than 500 employees to participate in E-Verify to check employment eligibility of their new hires. Businesses that have 100-499 employees will be required to use E-Verify as of July 1, 2012 and companies with more than 10 employees are required to use E-verify by July 1, 2013. Employers with 10 or fewer employees are exempt under HB87.

Louisiana - State wide requirement for employers.  Effective 15 August 2011

Mississippi - State wide requirement for employers. Effective 1 July 2008 for employers with 250 or more employees; 1 July 2009 for employers with 100-249 employees; 1 July 2010 for employers with 30-99 employees; and 1 July 2011 for employers with fewer than 30 employees.

North Carolina -  State wide requirement for employers with 25 or more employees.  Effective October 2012 for employers with more than 500 empoloyees; January 2013 for employers with 100-500 employees; and 13 July 2012 for employers with 25-99 employees.  Employers with 24 or fewer employees are exempt.

South Carolina - State wide requirement effective 1 Jan 2012

Tennessee - State wide requirement for employers.  Effective 1 January 2012

Utah - Sate wide requirement for companies with 15 or more employees.  Effective 1 Jul 2010.

Virginia - State wide requirement for employers with 15 or more employees.  Effective 1 December 2010

These states require E-Verify enrollment if you do business with state agencies.

Arizona - Effective 1 May 2008
California (Lancaster) - Effective 1 January 2010
Colorado - Effective 8 August 2007
Georgia - Effective 1 July 2012
Idaho - Effective 1 July 2009
Indiana - Effective 1 July 2011
Kansas - Contractors with contracts in excess of $5,000.  1 January 2012
Kentucky - 10 February 2010
Maryland - Effective 1 October 2010
Michigan - Effective 31 October 2007
Minnesota - Contractors with contracts value at $50,000 or above.  Effective 29 January 2008
Mississippi - Effective 1 July 2008
Missouri - Effective 1 January 2009
Nebraska - Effective 1 October 2009
North Carolina -  Contractors doing business with the state.  Effective 1 October 2011
Oklahoma - Contractors doing business with the state.  Effective 1 November 2007
Pennsylvania - Contractors doing business with the state.  Effective 11 May 2006
South Carolina - Contractors doing business with the state.  Effective 1 Jan 2012
Utah - Contractors doing business with the state.  Effective 1 Jul 2010.
West Virginia - contractors with 250 or more employees.  Effective 1 January 2010
Washington (Pierce County) - Contractors doing business with Pierce county.  Effective 1 March 2010
Virginia - Contractors doing business with the state.  Effective 1 December 2010