E-Verify Laws by State

Author: Melissa A. Silver, XpertHR Legal Editor

Several states have passed mandatory E-Verify laws that require businesses to confirm the work eligibility of all new hires using the federal electronic verification system. Employers must take note because a failure to follow these mandatory measures can lead to stringent sanctions.

The following chart shows the states with mandatory E-Verify laws that apply to private employers, as well as state contractors and subcontractors. Some statutes, like Arizona's law, apply to all employers. Meanwhile, other states have narrower measures.

State Covered Employers Notes
Alabama All employers
Alaska N/A
Arizona All employers
Arkansas N/A
California N/A The state and California municipalities are banned by law from mandating E-Verify use as condition of a government contract or preserving a business license
Colorado Contractors with a state agency or political subdivision contract must use the federal E-Verify system or the state employment verification system
Connecticut N/A
Delaware N/A
District of Columbia N/A
Florida State contractors and subcontractors Executive Order
Georgia Private employers with more than 10 employees and state contractors
Hawaii N/A
Idaho Contractors and subcontractors Executive Order
Illinois N/A Places limits on E-Verify use by employers
Indiana State and local government contractors, plus businesses receiving grants of more than $1,000 from a state agency or subdivision
Iowa N/A
Kansas N/A
Kentucky N/A
Louisiana Private employers that bid on public works projects and subcontractors Any private employer that uses E-Verify is not subject to any penalty as a result of its reliance on the system's accuracy
Maine N/A
Maryland N/A
Massachusetts N/A
Michigan State department of human services contractors and transportation department contractors and subcontractors for construction, maintenance and engineering services Transportation department contractors may be subject to a state audit to ensure E-Verify use
Minnesota Public contractors and any subcontractors on state contracts of more than $50,000
Mississippi All employers
Missouri Any employer with a state contract or grant of more than $5,000 Any employer that applies for a tax credit, tax abatement or loan from the state also must use E-Verify
Montana N/A
Nebraska Public contractors and employers receiving state tax incentives
Nevada N/A
New Hampshire N/A Provides affirmative defense in identity fraud cases to employers that use E-Verify
New Jersey N/A
New Mexico N/A
New York N/A
North Carolina Private employers with 25 or more employees, plus all public contractors and subcontractors
North Dakota N/A
Ohio N/A
Oklahoma All public contractors and subcontractors Does not apply to contracts entered into before July 1, 2008, even if the work was performed afterwards
Oregon N/A
Pennsylvania All public works contractors and subcontractors Defines public works as projects estimated to cost more than $25,000 paid in whole, or in part, with public funds
Rhode Island N/A
South Carolina All employers
South Dakota N/A
Tennessee Private employers with 50 or more employees must use E-Verify Private employers with six to 49 employees either must use the federal E-Verify system or require newly hired employees to provide certain documents to establish their identity and employment authorization
Texas N/A Formerly applied to contractors, but since September 1, 2015, E-Verify is limited to state agencies
Utah Private employers with 15 or more employees and public works contractors
Vermont N/A
Virginia Contractors with an average of 50 or more employees for the previous 12 months entering into a contract of more than $50,000 with any state agency
Washington N/A
West Virginia N/A Except for service providers whose employees are regularly working on state capitol grounds
Wisconsin N/A
Wyoming N/A

Additional Resources

Recruiting and Hiring > Immigration, Form I-9 and Work Visas > E-Verify Process

Dos and Don'ts When Using E-Verify

Recruiting and Hiring > Preemployment Screening and Testing > Using E-Verify to Check Immigration Status

Form I-9 and Immigration