Is E-Verify Mandatory in Your State?

Sep 22, 2022

Since the mid-1980s, the Employment Eligibility Verification Form (commonly known as the I-9) has been required by the United States government to ensure employees are authorized to work here and to verify their identities. The E-Verify process is designed to identify any mismatches between I-9 form information and other records to help reduce the number of unauthorized or undocumented workers. Failure to comply with federal I-9 documentation regulations can expose an employer to fines of up to $5,500 per ineligible worker and other penalties.

What Is E-Verify?

The E-Verify system is an online system with the US Department of Homeland Security (DHS) that rapidly compares employers' I-9 data with other government records from such agencies as the DHS and the Social Security Administration to determine each employee's eligibility to work in the US. Results are generally provided immediately, indicating whether an employee is authorized or not. In some cases, further investigation is needed and additional details may be required to complete the verification process.

Is E-Verify Mandatory in Your State?

Federal law requires the use of E-Verify for employers who are federal contractors or vendors. Currently, 22 states mandate E-Verify use for at least some employers and some categories of employees. Many states only require E-Verify for new hires after a given date, and only for public employers. States which currently have enacted some legislation concerning E-Verify are:


  • Alabama
  • Arizona
  • Colorado
  • Florida
  • Georgia
  • Idaho
  • Indiana
  • Louisiana
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Nebraska
  • North Carolina
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia


At Employers Reference Source, Inc., our electronic I-9 and E-Verify services can simplify this process for your organization, turning a cumbersome hiring task into a fast and easy process that is seamless and fully compliant with all laws and regulations. Contact us today to explore our full suite of employee background checks and other hiring and retention tools.

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