Since 1996, E-Verify has been voluntary for most employers. However, it has also 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 a web-based system. It 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.
The 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, twenty-two states have now passed their own legislation mandating the use of E-Verify for some or all businesses. In addition, in 2011, the Supreme Court of the United States confirmed that individual states retain the right to mandate the use of E-Verify.
The map below represents an up-to-date summary of all active E-Verify laws at the City, County, & 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.
Businesses need to understand the requirements in their own state. This is especially true if an organization, such as restaurant operations, spans across multiple States Nationwide. In addition, it may make sense for businesses operating in multiple regions to implement E-Verify across the board. Even if the law does not require it in every state, this ensures consistency for all worksites. The implementation will also do away with the 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 consistently hire hourly workers. But, most importantly, it gives each of our clients the option to become E-Verify users and immediately start taking control of their I-9 compliance. For more information on states that require E-Verify, contact us today at 1-800-859-7479.