Since 1996, E-Verify has been voluntary for most employers. It also has become mandatory for federal contractors, certain state contractors, and employers that want to implement science, technology, engineering and mathematics (STEM) when hiring foreign graduates of U.S. universities.
E-Verify is web-based system that compares information entered by an employer from an employee’s Form I-9 Employment Eligibility Verification to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.
When the result is returned, employers and new hires receive notification of any suspicious mismatch in information and what is required to resolve the identity verification.
List of States that Require E-Verify Has Expanded in the Past Decade
In the early days, the program was primarily used by federal agencies and organizations seeking federal contracts. However, seventeen states have now passed their own legislation mandating the use of E-Verify for some or all businesses. In 2011, the Supreme Court of the United States confirmed that individual states retain the right to mandate the use of E-Verify as they see fit.
The map below represents an up-to-date summary of all active E-Verify laws at the City, County and State levels:
States Requiring All or Most Businesses to Use E-Verify
- North Carolina
- South Carolina
States Requiring Public Employers Must Use E-Verify Based on City or County Ordinances
In every State, Federal Contractors and any of their subcontractors with qualifying contracts that contain the FAR (Federal Acquisition Regulation) E-verify clause are required to use E-Verify. The specific details of E-Verify requirements vary by state. To determine if your business is required to utilize E-Verify, check your local City, County, or State government laws.
It is important for businesses to understand the requirements in their own state, especially if an organization, such as restaurant operations, spans across multiple States Nationwide. In addition, for businesses operating in multiple regions, it may make sense to simply implement E-Verify across the board. Even if it is not required by the law in every state, this ensures consistency for all work sites and no appearance of discriminatory practices or lax standards based on new hire location.
Why Use E-Verify?
Our onboarding solution provides this capability, which is extremely important for those employers who hire hourly workers on a constant basis. Most importantly, it gives each of our clients the option to become E-Verify users and start taking control of their I-9 compliance immediately. For more information, contact us today at 1-800-859-7479.