Federal (All States)
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.
Proposed legislation: H.R. 800 the Jobs Recovery by Ensuring a Legal American Workforce Act, would phase in the mandatory use of E-Verify over a two-year period depending on the number of people 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: The Legal Workforce Act, H.R. 2164, would make requirements relating to use of an electronic employment eligibility verification system mandatory and permanent. The effective date would be based on the size of the organization.Alabama
As of April 2012, all Alabama employers are required to use E-Verify. 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.
All Arizona state 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 busi¬ness license suspension upon second offense.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.
Proposed legislation: HB 12-1309 would repeal the current requirements for employers to verify the legal work status of new employees and enact the "Colorado Mandatory E-Verify Act" which would require all employers in the state to participate in E-Verify to confirm the work eligibility status of all new employees. Employers would be required to retain a copy of the employment eligibility information received from the program. Employers would be subject to fines of up to $5,000 for a first offense and up to $25,000 for a second offense for failing to participate in E-Verify. For subsequent offenses, an employer would be subject to a fine of up to $25,000 and a 6-month suspension of their business licenses.
As of Oct. 2010, Denver city ordinance requires contractors to use E-Verify to validate new employee employment eligilility as a condition of being awarded a city contract.
More Info: Denver city ordinance
Pending legislation: Senate Bill 15 would require that state agencies verify employment authorization for all new hires; that public employers with work involving physical performance of services within the state contract only with contractors and subcontractors who verify employment authorization status; and, with some 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.
More Info: SB 15.
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.
As of July 2009, 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. In addition, HB 87, Georgia's Illegal Immigration Reform and Enforcement Act of 2011, makes E-Verify mandatory for many private businesses. Private employers in Georgia with 11 or more employees must E-Verify newly hired full-time employees. 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.
Proposed legislation: SB 1464 and SB 1552 would require all employers to use E-Verify to confirm that an applicant is eligible to work in the United States.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.
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 for an applicant prior to hiring them, or prior to completing the Form I-9 process.
- Terminating or otherwise taking adverse action against an employee (for E-Verify related reasons) prior to a receiving a Final Non-Confirmation.
- 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.
More Info: SB1133 (Public Act 096-0623), which amends and replaces HB1744.
Passed in 2011, SB 590 requires state agencies, political subdivisions, and companies entering into or renewing public contracts to enroll in and use E-Verify on all new hires. In addition, while private employers are not required to use E-Verify, they may not qualify for certain tax credits on their state income taxes if not enrolled in E-Verify.
More Info: SB 590.
State contractors are required to use E-Verify. HB 342 prohibits state contractors 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. 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 a staten offense to employ unauthorized workers and provides E-Verify as a defense to any charges brought under HB 646.
Proposed legislation: SB 390 / HB 761 (originally filed as SB 696 / HB 502 in 2009, then filed again as SB 844 / HB 721 in 2010), would require all state contractors and subcontractors and any person receiving a state grant, subject to specified exemptions, to register and use E-Verify.
Proposed legislation: H4364 (which replaced H2167) and H4409 (which replaced H2312) would require every employer to use E-Verify to confirm the employment eligibility of new employees.
Proposed legislation: Senate Bill 254 and House Bill 4024 would require any public employer or contractor to register and participate in E-Verify to confirm the employment eligibility of each new employee. House Bill 4388 would require the Dept. of Human Services or Financial Assistance to use E-Verify to ascertain the legal residency status of applicants before granting any benefit, service or assistance. HB 4026 and SB 255 would prohibit any personnel agency or employee of the agency from referring any individual for employment without having confirmed through E-Verify that the individual is authorized to work in the US.
The state of Minnesota is again requiring that large contractors who provide more than $50,000 worth of services to the state E-Verify all new hires. While the previous E-Verify requirement expired in April 2011, the mandatory E-Verify work eligibility check quietly came back as a provision of the state’s budget deal approved in July 2011. Although the previous E-Verify law required state agencies to E-Verify all new hires, the current E-Verify mandate does not extend to new state employees.
More Info: Minnesota Public Radio News.
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.
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.
Resolution 09-08-2011A requires any business with a city contract in excess of $5,000 to use E-Verify.
Since Oct. 2009, LB 403 requires all public contractors and their subcontractors, and all private employers seeking or doing contract work for the state or receiving state economic incentives to verify the legal work status of new employees using E-Verify. 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, Fremont Ordinance 5165 requires all employers in Fremont to use E-Verify.
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 employment eligibility of potential employees.
HB 36 (Law 2011 263) mandates that counties, cities, and private employers with at least 25 employees 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. (G.S. 126-7.1; G.S. 160A-169.1; and G.S. 153A-99.1)
HB 786 requires that contractors and their sub-contractors who enter into certain contracts with state agencies and local governments 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.
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).
Proposed legislation: House Bill 2085 and Senate Bill 908 would require 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.
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 a 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.
Effective since Jan 1, 2013, Senate Bill 627 (Act 127), the Public Works Employment Verification Act, requires all public works contractors and subcontractors to 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)
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.
All employers are required to use of E-Verify for all employees, effective since July 1, 2010.
Penalties: Possible civil penalty of up to $1,000 per violation and the revocation of the business license.
As of July 1, 2013, Public Chapter 436 (HB 1378, which was substituted for SB 1669), known as the Tennessee Lawful Employment Act, currently requires Tennessee employers with 5 or more employees to either use E-Verify to confirm the work eligibility of new employees, or maintain a copy of a specified identity document. The bill provides a safe harbor for employers who use E-Verify if the worker is later found to be in the country illegally.
Penalties: Employers can incur a penalty of $500 plus an additional $500 for each employee not verified for a first violation; $1,000 plus an additional $1,000 for each employee not verified for a second violation; and $2,500 plus an additional $2,500 for each employee not verified for subsequent violations.
More Info: Public Chapter 436 (HB 1378, which was substituted for SB 1669).
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. 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 House Bill 582 requires the business to register with and participate in the E-Verify program.
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.
As of December 1, 2012, 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.
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.
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.
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).
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.
More info: SB5338
Proposed legislation: HB 4552 would require all agencies of the state to use E-Verify for each newly hired employee who is to perform work within the state.
Proposed legislation: House Bill 2664 would require all employers in West Virginia to use E-Verify to confirm employment eligibility of new employees.