Mandatory E-Verify laws and rules at city, county, and state levels
This map presents an up-to-date summary of all active and proposed E-Verify laws at the city, county and state levels. Prepared and updated by our legal staff, it helps navigate the ever-changing landscape of E-Verify requirements.
DISCLAIMER: The information contained on this chart is intended for informational purposes only and should not be construed as legal advice, either expressed or implied. Given the ever-changing E-Verify required states and legislation landscape that may be subject to change without notice, this chart and map may not always reflect the most current information. For legal advice, consult informed counsel.
Federal (All States) I-9 Penalties and Laws
Federal contractors and any of their subcontractors with qualifying contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to confirm employee eligibility to legally work in the United States.
Penalties: Ineligibility to receive and/or loss of federal contracts.
More Info: Executive Order 13465, amends Executive Order 12989.
Alabama
As of April 2012, all Alabama employers are required to use E-Verify software. Also, as a condition for the award of any contract, grant, or incentive by the state or any political subdivision or state-funded entity, all businesses and their subcontractors shall provide documentation establishing that they are enrolled in the E-Verify program and shall use E-Verify during the performance of the contract.
Penalties: Cancellation of state government grants or incentives and suspension or revocation of business license up to 60 days, and possible debarment from state contracts. A business license can be permanently revoked on a second offense.
More Info: Enrolled Act HB 56.
Arizona
As of December 31, 2007, all Arizona employers are required to use E-Verify. In addition, government contracts can only be issued to businesses using E-Verify.
Penalties: Temporary AZ business license suspension for 10 days upon first offense; permanent AZ business license suspension upon second offense.
More Info: HB 2779 (Arizona Fair and Legal Employment Act) and HB 2745.
California
Passed in 2016, Assembly Bill 622 forbids employers to unlawfully use the E-Verify program with penalties per violation set at $10,000.
Passed in 2012, Assembly Bill 1236 prohibits state counties, cities or special districts from requiring mandatory employer participation in the E-Verify program.
Colorado
Colorado laws concerning public contracts for services (CRS 8-17.5-101 & 102, HB 06-1343) became effective in 2006. In 2008 they were amended by SB 08-193 to exclude certain services. The law requires contractors who enter into or renew public contracts for services with a state agency or political subdivision to participate in either E-Verify or the Colorado Department of Labor and Employment Program.
Penalties: Contractors may become ineligible to receive state contracts. The Colorado Secretary of State’s Office will post the names of vendors using contractors who knowingly employ illegal aliens to perform work on any public contracts for the state.
More Info: SB 08-193, HB 06-1343, CRS 8-17.5-101 & 102.
Denver, CO
As of Oct. 2010, Denver city ordinance requires contractors to use E-Verify to validate new employee employment eligibility as a condition of being awarded a city contract.
More Info: Denver city ordinance
Florida
All FL State Agencies:
Effective since Jan. 2011, Executive Order 11-02 requires all agencies under the direction of the Governor to use E-Verify to confirm the employment eligibility of all current and prospective employees (including subcontractors) assigned to perform work pursuant to a state agency contract. Executive Order 11-116 clarifies that the requirement for state contractors to use E-Verify applies to “all contracts for the provision of goods and services to the state in excess of nominal value.”
Penalties: Possible denial of future county projects.
Hernando County, FL
Contractors and subcontractors doing business with Hernando County are required to use E-Verify to check the employment eligibility of all new hires.
Penalties: Possible denial of future county projects.
Bonita Springs, FL
Effective since June 2009, Ordinance 09-04 requires any vendor or contractor providing services of $5,000 or more to the city to use E-Verify to confirm the employment eligibility of any person hired during the contract term.
More Info: Executive Order 11-02, Executive Order 11-116, Legislative File 3516, City of Bonita Springs Ordinance 09-04
Georgia
All Georgia public employers as well as contractors and subcontractors performing services within the state for a public employer are required to use E-Verify for all new employees.
Private employers in Georgia with 11 or more employees must E-Verify newly hired full-time employees.
Penalties: Failure to comply could result in the suspension or denial of a business license, occupational tax certificate, or other document required to operate a business in the state.
More Info: SB 529 and SB 447, HB 87
Idaho
All state agencies and contractors are required to use E-Verify if they want a share of the state’s $1.24 billion from the economic stimulus bill.
Penalties: Immediate cancellation of the contract, reversion of unspent public funds, and monetary penalties. Every contract by a state agency for a state project or service shall include appropriate civil penalties for violating this executive order.
More Info: Executive Order 2009-10.
Indiana
As of July 2011, state agencies, political subdivisions, and companies entering into or renewing public contracts must use E-Verify to confirm the work authorization of all new hires. While E-Verify is not mandated for private employers, those who don’t use E-Verify may fail to qualify for certain tax credits on state income taxes.
More Info: SB 590.
Louisiana
State contractors are prohibited from bidding or contracting for state work without first submitting an affidavit attesting that they will use E-Verify to confirm the employment eligibility of workers throughout the project. State contractors must also obtain sworn statements from their subcontractors attesting to the use of E-Verify. The law applies to all contracts entered into or bids offered on or after Jan. 1, 2012
Penalties: Failure to complete the affidavit or use E-Verify as required would cause the work to be terminated and bar the contractor from future bidding or contract work for a period of up to three years.
Minnesota
State contracts for services in excess of $50,000 require vendors and subcontractors to certify that they have implemented or are in the process of implementing the E-Verify program for all newly hired employees who will perform work under the contract. Contracts entered into by the State Board of Investment are exempted.
Mississippi
As of 2011, all public and private employers are required to participate in E-Verify.
Penalties: Employers who do not use E-Verify may have all state contracts terminated and become ineligible for public contracts for three years, and/or may have licenses, permits, or certificates suspended for one year.
More Info: SB 2988.
Missouri
All public employers and all businesses with state contracts or grants in excess of $5,000 are required to use E-Verify.
Penalties: A violating company’s business permit and licenses shall be suspended for 14 days. Upon the first violation, the state may terminate contracts and bar the company from doing business with the state for 3 years. Upon the second violation, the state may permanently debar the company from doing business with the state.
O’Fallon, MO
Resolution 09-08-2011A requires any business with a city contract in excess of $5,000 to use E-Verify.
More Info: HB 1549, HB 390 and O’Fallon Resolution 09-08-2011A
Nebraska
Since Oct. 2009, public contractors and their subcontractors, and private employers doing contract work for the state or receiving state economic incentives must use E-Verify to confirm the legal work status of new employees. The law also includes tax incentives for private employers to use E-Verify.
Penalties: Loss of eligibility for state contract work and/or state economic incentives.
Effective since March 2012, all employers in Fremont must use E-Verify.
More Info: LB 403 and Fremont Ordinance 5165
North Carolina
HB 36 (Law 2011 263) mandates that counties, cities, and private employers with 25 or more employees must use E-Verify to confirm the work authorization of new hires. The law does not apply to seasonal temporary employees who are employed for 90 or fewer days during a 12-consecutive-month period. The Commissioner of Labor may subpoena employment records relating to “the recruitment, hiring, employment, or termination policies, practices, or acts of employment” as part of an investigation of a valid complaint.
North Carolina state policy requires each state agency, department, institution, university, community college, local education agency, municipality and county to use E-Verify for all newly hired employees.
Contractors and their sub-contractors who enter into certain contracts with state agencies and local governments must also use E-Verify. The law applies to five categories of public contracts: all city and county contracts; all state contracts subject to Article 3 of Chapter 143 and all state information technology contracts procured by the Office of Information Technology Services; and all contracts subject to G.S. 143-129, which includes purchase contracts with an estimated cost of $90,000 or more, and construction or repair contracts with an estimated cost of $500,000 or more.
Penalties: Failure to comply with HB 36 can result in civil fines ($10,000+) and notification to U.S. Immigration and Customs Enforcement and local law enforcement agencies.
More Info: HB/36 Session Law 2011 263, HB 786, North Carolina state policy, G.S. 126-7.1, G.S. 160A-169.1, G.S. 153A-99.1, Article 3 of Chapter 143, G.S. 143-129.
Oklahoma
All public employers, contractors and subcontractors are required to participate in E-Verify and withhold income tax for independent contractors who do not have valid Social Security numbers.
Penalties: Ineligibility to receive state contracts.
More Info: HB 1804 (Oklahoma Taxpayer and Citizen Protection Act).
Pennsylvania
Effective since Jan 1, 2013, all public works contractors and subcontractors must use E-Verify to confirm employment eligibility of each new employee.
Penalties: First violations incur a warning letter detailing the violation, posted on the website of The Department of General Services of the Commonwealth. On a second violation, the contractor is debarred from public work for 30 days. Upon subsequent violations, the contractor is debarred from public work for 180-365 days. In the case of willful violation, the contractor is debarred from public work for a period of three years. Contractors will also incur a penalty of $250-$1,000 per violation.
More Info: SB 627 (Act 127)
South Carolina
As of July 1, 2010, all employers are required to use of E-Verify for all employees.
Penalties: Possible civil penalty of up to $1,000 per violation and the revocation of the business license.
Tennessee
Effective January 1, 2017, private employers with 50 or more employees under the same FEIN are required to use the federal E-Verify employment verification process. This applies to employees working in or outside the state of Tennessee.
- Under the old law, private-sector employers had to choose a verification process before their newly hired employees could begin work:
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- Use E-Verify or
- Request and maintain copies of identity and work authorization documents.
- After January 1, 2017, private employers with fewer than 50 employees may choose to:
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- Use E-Verify for newly hired employees or
- Request and maintain documents under the TLEA’s list of authorized identity and employment eligibility documents.
- Although not required for employers with fewer than 50 employees, using E-Verify may be helpful if an audit is conducted. The service is free and user-friendly.
- The TLEA covers not only employees but also “non-employees” as well.
- Non-employees are defined as individuals who, while not employed directly, are paid directly by the employer for labor or services. Companies in Tennessee are required to request and maintain copies of certain identity and work authorization documents for non-employees, unless an exception applies (i.e. workers are employed by a separate company).
Penalties:
- First-time offenders with knowing violations are subject to a $500 company penalty as well as a $500 fine for each employee and non-employee the company failed to verify.
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- For repeat offenders, the penalties may rise to as high as a $2,500 company fine plus and additional $2,500 for each employee.
- There is also a $500 penalty for failing to enroll in E-Verify and a $500/day penalty for failing to timely produce evidence of compliance within 45 days of a final order of violation.
More Info: Tennessee Lawful Employment Act
Texas
As of September 1, 2015, state agencies and institutions of higher education are required to use E-Verify. The new law supersedes the December 2014 executive order by former Gov. Rick Perry that required state agencies and sub-contractors to enroll in E-Verify. The new law does not require public contractors to enroll.
More info: SB 374, HB 183 and HB 739
Utah
As of July 1, 2009, public employers and their contractors and subcontractors performing services in the state must use a “status verification system”, such as E-Verify or the Social Security Number Verification Service to confirm the employment eligibility of all new hires (as per Senate Bill 81-2010). Some types of contracted services are exempt from this law (contracts that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking services).
As of July 1, 2010, private employers with 15 or more employees must use a “status verification system” such as E-Verify or the Social Security Number Verification Service to confirm the employment eligibility of all new hires (as per Senate Bill 251-2010).
Penalties: Ineligibility to enter into state contracts.
More Info: SB 0251, SB 81 and HB 116.
Virginia
As of December 1, 2012, all state agencies must use E-Verify for new hires.
As of December 1, 2013, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any state agency must use E-Verify to confirm the work authorization of new hires
Penalties: Any employer, including contractors, found to be in violation shall be debarred from entering into a contract with any state agency for up to one year. The employer shall be released from debarment upon registration and participation in E-Verify. A contractor who fails to enroll and participate in E-Verify may be denied prequalification for contracts.
More Info: HB 737, HB 1859 & SB 1049.
Washington
Hoquiam, WA
The Hoquiam City Council passed a resolution that will require the use of the federal E-Verify program to verify that each employee of a contractor and sub contractor are legally authorized to work in the United States.
Pierce County, WA
Contractors and subcontractors doing business with Pierce County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, 2010.
Penalties: Ineligibility for a Pierce County contract(s).
Woodland, WA
All companies awarded city contracts of $10,000 or more are required to use E-Verify to check the employment eligibility of all employees and enter into a memorandum of understanding (MOU) with the DHS within 60 days of the city extending the contract, effective since February 23, 2011.
Penalties: Contractors who fail to E-Verify or meet the reporting deadlines may be considered in breach of contract and be suspended from bidding on future projects for two years or until they meet the requirements.
