Federal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater are authorized to legally work in the United States. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465. Amends Executive Order 12989.
The E-LAW Act, H.R. 800, would phase in the mandatory use of E-Verify over a two-year period depending on the number of employees the business employs. H.R. 800 would amend the previous E-Verify law making it mandatory for all businesses and for all employees, current as well as new.
Proposed legislation: H.R. 800 (E-Verify Loan Origination Act of 2010)
Proposed legislation: The Legal Workforce Act, H.R. 2164, would make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. Beginning on the earlier of the date that is 6 months after the date of the enactment of the Legal Workforce Act and the date on which the Secretary implements the system under sub section (d), the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program.
Legislation: H.R. 2164.
All Alabama employers are required to use E-Verify, effective April 1, 2012. Every business entity or employer in this state shall enroll in E-Verify and thereafter, according to the federal statutes and regulations governing E-Verify, shall verify the employment eligibility of the employee through E-Verify. A business entity or employer that uses E-Verify to verify the work authorization of an employee shall not be deemed to have violated this section with respect to the employment of that employee.
Legislation: Enrolled Act HB 56.
All Arizona state employers are required to use E-Verify and are prohibited from knowingly hiring undocumented workers. HB 2779 effective January 1, 2008, followed by HB 2745 which prohibits government contracts to any businesses not using E-Verify, effective since May 1, 2008.
Penalties: Temporary AZ business license suspension for 10 days (First Offense); Permanent AZ business license suspension (Second Offense).
Legislation: HB 2779 (Arizona Fair and Legal Employment Act) and HB 2745.
Colorado law SB 193, effective since August 6, 2008, and HB 06-1343 require all prospective contractors to use E-Verify to ensure legal work status of all newly-hired employees as a condition of receiving or renewing any contract from state agencies or state-funded institutions.
Penalties: Ineligibility to receive contracts for state agencies, departments and instrumentalities of the state. 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 services for the state.
Legislation: SB 193 and HB 06-1343.
Denver, CO
Denver city ordinance requires construction or service contractors vying for city work to use E-Verify to validate new employees' immigration status as a condition of holding a city contract. The firms must also vouch for their existing employees' immigration status before being awarded a contract. (Effective since Oct. 1, 2010).
Legislation: Denver city ordinance
Pending legislation: Senate Bill 15. If passed, effective July 1, 2012, this Act requires State agencies to verify employment authorization status for all new hires; requires public employers to only contract for physical performance of services within this State with contractors and subcontractors who verify employment authorization status; and requires, except for exceptions, that all state agencies and political subdivisions verify the lawful presence of those 14 years of age and older who apply for public benefits.
FloridaFederal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465. AmendsExecutive Order 12989
Proposed legislation: As of July 1, 2012, this Act requires the State and its political subdivisions to verify employment authorization status for all new hires; requires public employers to only contract for physical performance of services within this State with contractors and subcontractors who verify employment authorization status; and requires, except for enumerated exceptions, that all state agencies and political subdivisions verify the lawful presence of those 14 years of age and older who apply for public benefits.
Legislation: SB 15.
All FL State Agencies
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, effective January 4, 2011. . Executive Order 11-116, issued on May 27, 2011 provides some clarification. 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” in which there is an express requirement for such use.
Penalties: Possible denial for future country projects.
Legislation: Executive Order 11-02. Executive Order 11-116.
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, effective May 11, 2010.
Penalties: Possible denial for future country projects.
Legislation: Legislative File 3516.
Georgia
Federal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465. Amends Executive Order 12989.
All Georgia public employers, contractors and subcontractors are required to use E-Verify for all new employees (effective July 1, 2009). No public employer shall enter into a contract...for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all newly hired employees or subcontractors.
Legislation: SB 529 and SB 447.
Georgia's new Illegal Immigration Reform and Enforcement Act of 2011 makes E-Verify mandatory for many private businesses. As of Jan. 1, 2012, private employers in Georgia with 500 or more employees must E-Verify newly hired full-time employees. Businesses with 100 or more employees but fewer than 500 must begin using E-Verify for newly hired full-time employees on or before July 1, 2012. Finally, the E-Verify requirement applies to all private businesses with between 11 and 99 employees starting July 1, 2013. It's worth noting that businesses with 10 or fewer employees are exempt.
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.
Legislation: HB 87.
Hawaii
Proposed legislation: Senate Bill 1464 and 1552 require all employers to use the e-verify system to verify that an applicant is eligible to work in the United States.
Legislation: SB 1464 & SB 1552.
All state agencies and contractors are required to use E-Verify if they wanted 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 performed for the State of Idaho shall include appropriate civil penalties for violating this executive order.
Legislation: Executive Order 2009-10 and Executive Order 2006-40.
Illinois
Illinois employers currently enrolled (or upon initial enrollment) in E-Verify are required to sign an official E-Verify sworn attestation form provided by the Illinois Department of Labor (“IDOL”). The attestation form affirms that the employer has received the requisite E-Verify training materials from the U.S. Department of Homeland Security (“DHS”), and that all employees with access to the company’s E-Verify account have completed mandatory online E-Verify tutorials. It further states that the employer has posted the required legal notices regarding its enrollment in E-Verify and certain non-discrimination procedures. The employer must retain the signed original attestation and proof of its employees’ E-Verify training. Furthermore, the knowing and willful violation of the following prohibited actions can result in significant company fines and petty offense charges for executives and HR managers. These prohibited actions are:
- Failing to display the appropriate E-Verify related notices.
- Allowing an untrained employee to use the E-Verify system.
- Failing to take reasonable steps to prevent an employee from using another's login and password in lieu of completing his or her own E-Verify tutorial with the DHS.
- Using E-Verify on an applicant prior to hiring, or prior to completing the Form I-9 process.
- Terminating or otherwise taking adverse action against an employee prior to a receiving a Final Non-Confirmation (for E-Verify related reasons).
- Failing to notify an employee in writing of a Tentative Non-Confirmation and his/her right to contest it.
- Failing to safeguard the information contained in the E-Verify database and the means of access to it.
Legislation: HB 1744, HB 1743 and SB1133.
Indiana
Proposed legislation would require all state agencies and local governments to use the E-Verify System to check work eligibility status of all newly hired employees and prohibit them from entering into or renewing a public contract unless the contractor and subcontractors verify they do not employ illegal immigrants.
Proposed Legislation: SB 213.
Kansas
(Previously proposed legislation, HB 2541, which would have required all businesses and government agencies in Kansas to use E-Verify, died in committee in 2010.)
Proposed Legislation: HB 2541.
Proposed legislation: Senate Bill 181 requires the use of E-Verify by employers in the state of Kansas. . Effective January 1, 2012, SB 2223 prohibits any state agency, counties or municipalities from awarding any new public works or purchase contract to a bidder, contractor or employer that does not use E-Verify for all employees on the contract. Also as of January 1, 2012, HB 2026 requires all state agencies, departments, boards and commissions, counties or any municipality who is an employer to enroll and actively e-verify all employees whose employment begins after January 1, 2012.
Legislation: SB 181HB 2223 & HB 2026.
Proposed legislation would require the use of E-Verify for all state contractors. The bill passed the State House on Feb. 10, 2010 and moves to the State Senate for its approval. Contractors who violate the law, if passed, would face a five year ban from government contracts. The bill also includes contractors for local school districts.
Proposed Legislation: HB 321.
Louisiana
Federal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465 and Executive Order 12989.
State contractors are required to E-Verify. HB 342 prohibits state contractors from bidding or contracting for state work without first submitting an affidavit attesting that they will use the federal E-Verify program to verify the legal work status of workers throughout the project. It also requires the contractor to obtain sworn statements from their subcontractors attesting to the use of E-Verify.
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 up to three years.
HB 646 makes it an offense to employ unauthorized workers and provides E-Verify as a defense to any charges brought under that section.
Legislation: HB 342 and HB 646.
Maryland
Proposed legislation would require any employer under a State procurement contract or State grant to verify through the E-verify program the employment eligibility of each employee hired under the contract.
Proposed Legislation: SB 844 and HB 721.
Massachusetts
Proposed legislation: H2167 and H2312 would require every employer, after hiring an employee, to use E-Verify to verify the employment eligibility of the employee.
Michigan
Proposed legislation: Senate Bill 254 and House Bill 4024 require any public employer or contractor to register and participate in the E-verify system to verify the documentation of each new employee. House Bill 4388 directs that for any new applicant applying for benefits, service, or assistance through the Department of Human Services or Financial Assistance, the department shall use E-Verify to ascertain the legal residency status of that applicant before making any benefit, service, or assistance available to the applicant. HB 4026 and Senate Bill 255 prohibit any personnel agency or employee of the agency from referring any individual for employment without having verified through E-Verify that the individual is authorized to work in the US.
SB 254 HB 4024 HB 4288 HB 4026 and SB 255.
Minnesota
Private businesses providing more than $50,000 worth of services to the state must E-Verify all new hires. Beginning immediately, the state of Minnesota is again requiring E-Verify for its large contractors. After Gov. Mark Dayton dropped the previous E-Verify requirement in April, 2011, the mandatory work eligibility check quietly came back as a provision of the state’s final budget deal, approved in July. The E-Verify mandate does not extend to new state employees, although under the previous E-Verify law, state agencies were required to E-Verify all new hires.
More Information: Minnesota Public Radio News.
Mississippi
All public and private employers are required to participate in E-Verify with a phase in period beginning in 2008 and full participation by 2011. All government agencies and businesses with more than 250 employees were required to comply by July 1, 2008. Companies with 100-250 employees were required to comply by July 1, 2009, companies with 30-100 employees were required to comply by July 1, 2010 and the remaining companies by July 1, 2011.
Penalties: It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment during the period which the unauthorized employment occurred. Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both."
Legislation: SB 2988.
Missouri
All public employers and contractors 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.
Legislation: HB 1549 and HB 390.
Nebraska
All public contractors and/or their subcontractors and all private employers seeking or doing contract work for the state or receiving state economic incentives and need to verify the legal work status of new employees using the federal E-Verify system. The law also includes tax incentives for private employers to use E-Verify.
Penalties: Loss of eligibility for state contract work and/or receiving state economic incentives.
Legislation: LB 403.
Proposed legislation:Legislative Bill 569 requires all employers in Nebraska to e-verify the immigration status of new employees.
New Jersey
Proposed legislation:Senate Bill 2600 prohibits the employment of unauthorized aliens and requires all employers to use E-Verify to confirm the eligibility of all new employees. Senate Bill 2733 and Assembly Bill 189 direct that any employer who has been targeted by a complaint or found to knowingly employ an unauthorized alien will be subject to a three year probationary period during which time the employer must submit quarterly reports that include documentation of the E-Verify confirmation of each new employee at the specific location where the unauthorized alien performed work. Senate Bill 1727 and Assembly Bill 2425 require all employers to use E-Verify for all new employees and prohibits employment of unauthorized aliens.
A2600 S2733 A189 S1727 and A2425.
New York
Proposed legislation:Assembly Bill 2217 requires public and private employers to register for and participate in the E-verify program for verification of employment eligibility; establishes a tax credit for employers with less than fifty employees that register for the E-verify program. Senate Bill 5497 requires all state and local agencies, and government contractors to register for and participate in the E-verify program for the purpose of verifying the eligibility for employment of potential employees.
North Carolina
All North Carolina businesses must E-Verify. HB 36 (Law 2011 263) mandates that counties, cities, and private employers with at least twenty-five (25) employees use E-Verify to verify 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. NC Cities and counties must register and participate in E-Verify by October 1, 2011. The law is effective for private employers according to the following schedule: October 1, 2012 for employers that employ 500 or more employees; January 1, 2013 for employers that employ 100 or more employees; and July 1, 2013, for employers that employ 25 or more employees.
Penalties: Failure to comply can result in civil fines ($10,000+) and notification to U.S. Immigration and Customs Enforcement and local law enforcement agencies.
Legislation: HB/36 Session Law 2011 263.
All state agencies, offices, and universities are required to use E-Verify. The law applies to all employees hired after January 1, 2007 and to local education agencies since March 1, 2007.
Legislation: SB 1523.
Alamance County, NC
Contractors and subcontractors doing business with Alamance County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, 2010.
Penalties: Possible denial for future country projects.
Legislation: Addendum to County Contracts.
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 a state contract(s).
Legislation: HB 1804 (Oklahoma Taxpayer and Citizen Protection Act).
Proposed legislation: House Bill 2085 and Senate Bill 908 require, beginning January 1, 2012, that every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program. In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the E-Verify program.
Oregon
Proposed legislation: House Bill 2086 limits deductibility of expenses related to employment of workers hired on or after January 1, 2012, to workers whose eligibility for employment in United States has been verified through federal E-Verify employment verification system. Also requires public body to E-Verify eligibility for employment in United States for workers hired on or after January 1, 2012. Requires person contracting with public body to provide verification of eligibility of contractor and contractor's employees to work in the US. House Bill 3045 requires employer to E-Verify legal status of employee prior to deducting expenses related to worker's employment from Oregon taxable income. Prohibits deduction of wages paid to unverified employee as business expense for purposes of Oregon taxation.
Pennsylvania
State law prohibits the use of labor by illegal immigrants on projects financed by grants or loans from the state government. Appropriate federal authorities should be contacted in the event a contractor knowingly employs illegal aliens and continues to accept a state contract.
Proposed Legislation: HB 2319.
Rhode Island
All executive agencies and all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify.
Penalties: Ineligibility to receive a state contract(s).
Legislation: Executive Order 08-01.
Proposed legislation: House Bill 5312 requires all non-governmental employers within the state with 3 or more employees to apply to participate in the E-Verify program and to participate if accepted. House Bill 5407 requires every employer, after hiring an employee, to E-Verify the employment eligibility of the employee. In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the E-Verify program.
South Carolina
All employers are required to use of E-Verify for all employers, effective since July 1, 2010.
Penalties: Possible civil penalty of up to $1,000 per violation and the revocation of the business license.
Legislation: HB 4400 and SB 20.
Tennessee
The Tennessee Lawful Employment Act of 2011 requires Tennessee employers to use the "E-Verify" system. The legislation calls for businesses with over five employees to obtain a copy of his or her driver's license or utilize the E-Verify system. The bill provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally. It does not apply to those employed before the January 1, 2012 enactment date and will be applicable in phases depending on the number of workers employed by a business.
- January 1, 2012 - All state and local government entities and private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.
- July 1, 2012 - All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.
- July 1, 2013 - All private employers with 6 to 199 employees must register and utilize E-Verify or request and maintain an identity / employment authorization document from a newly hired employee.
Legislation: SB 1669 and HB 1378 .
Federal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465. Amends Executive Order 12989.
Texas
Proposed legislation: House Bill 140 directs that a state agency may not award a contract for goods or services within Texas to a contractor unless the contractor registers with and participates in the E-verify program. The contractor must continue to participate in the program during the term of the contract. Senate Bill 84 requires governmental entities and contractors with governmental entities to participate in E-Verify. House Bill 582 requires in addition to any other eligibility requirement a business with at least one employee must satisfy before receiving a public subsidy, to be eligible to receive the public subsidy the business must register with and participate in the E-verify program.
Utah
Public employers, contractors, subcontractors and all employers with more than 15 employees are required to use E-Verify (effective since) July 1, 2011. Companies that utilize legal guest workers do not have to use E-Verify. Public employers, public contractors and subcontractors are required to use E-Verify and it is illegal to discharge a lawful employee while retaining an unauthorized alien in the same job category.
Penalties: Ineligibility to enter into a state contract(s). A private employer may be held civilly liable under state law in a cause of unlawful hiring of an unauthorized alien.
Legislation: SB 0251, SB 81 and HB 1161.
Virginia
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 agency of the Commonwealth to perform work or provide services pursuant to such contract shall register and participate in E-Verify, effective December 1, 2012.
Penalties: Any employer, including contractors, found to be in violation shall be debarred from entering into a contract with any agency of the Commonwealth 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.
Legislation: HB 737 HB 1859/SB 1049.
Washington
The group Respect Washington has started a signature-gathering effort to put Initiative 1056 on the November ballot. If passed, this initiative would deny driver’s licenses and social services to illegal immigrants; require employers to use the federal E-Verify system to identify them; and mandate that all persons charged with a felony or DUI be checked for immigration status.
Proposed legislation: Senate Bill 5338 requires that every agency in the state register with and utilize the E-Verify program to verify the work eligibility status of all new employees. After August 1, 2011, an agency may not enter into a contract for the performance of services within this state unless the contractor registers and participates in the e-verify program to verify the work eligibility status of all new employees.
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).
Legislation: Ordinance 2009-74s.
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.
West Virginia
Proposed legislation would require all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the E-Verify program.
Proposed Legislation: HB 2871.
Proposed legislation: House Bill 2664 requires all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the E-Verify program. State of West Virginia agencies and political subdivisions, public contractors and private employers with two hundred fifty or more employees shall meet verification requirements not later than January 1, 2012. Employers with at least one hundred but less than two hundred fifty employees shall meet verification requirements not later than January 1, 2013. Employers with at least thirty but less than one hundred employees shall meet verification requirements not later than January 1, 2014. Employers with six or less employees may apply to the Labor Commissioner for a waiver. All employers shall meet verification requirements not later than January 1, 2015.