E-Verify Requirement

What is E-Verify?

The E-Verify program was created as a voluntary Internet-based pilot program to help employers verify the work authorization of new hires. It applies to U.S. citizens and noncitizens. Originally known as the Basic Pilot/Employment Eligibility Verification Program, the program was renamed E-Verify in 2007. The program is administered by the U.S. Department of Homeland Security in partnership with the Social Security Administration.

What is required of federal contractors?

As of Sept. 8, 2009, federal contractors or subcontractors are required to use E-verify to determine employment eligibility of employees performing direct work on the contract and new hires. It applies to federal contracts that contain the Federal Acquisition Regulation E-Verify Clause. It exempts contracts of less than 120 days and valued at less than $100,000 and subcontracts valued at less than $3,000.

State Actions in 2011

Thus far in 2011, ten states have enacted legislation with E-Verify provisions – Alabama, Florida (executive order), Georgia, Indiana, Louisiana, North Carolina, South Carolina, Tennessee, Utah and Virginia. Eighteen states now have an E-Verify requirement.

What states currently address the use of E-Verify?

Eighteen states have required the use of E-Verify for public and/or private employers, fifteen through legislation and three through executive orders.  (In 2011, Rhode Island rescinded its 2008 executive order requiring state agencies and contractors to use E-Verify.) One state, Illinois, enacted legislation to limit the use of E-Verify until the database accuracy is improved and also created privacy and antidiscrimination protections. At least two states, Pennsylvania and Tennessee, encouraged its use through providing a safe harbor from state penalties for employers enrolled in E-Verify. 

Table: States Requiring E-Verify

	State	Citation	Year	Applies to:
1	Alabama	H56	2011	all employers
2	Arizona	HB 2779 HB 2745	2007 2008	all employers, public and private
3	Colorado	HB 1343 SB139, SB193	2006 2008	state contractors
4	Florida	Executive Order	2011	state employees, contractors and subcontractors
5	Georgia	SB 529 HB 2 SB 447 HB 87	2006 2009 2010 2011	state agencies, contractors, and subcontractors
6	Idaho	Executive Order	2006	state agencies, contractors
7	Indiana	SB 590	2011	state agencies, contractors
8	Louisiana	HB 342 HB 646	2011	state contracts, option for private employers
9	Minnesota	Executive Order	2008	state agencies, state contracts
10	Mississippi	SB 2988	2008	all employers, public and private
11	Missouri	HB 1549 HB3	2008 2009	public employers, contractors and subcontractors
12	Nebraska	L403	2009	Public employers, public contractors
13	North Carolina	SB 1523 HB 36	2006 2011	all private and public employers beginning Oct 1, 2011 phased in through 2013
14	Oklahoma	HB 1804	2007	public employers, contractors, subcontractors
15	South Carolina	HB 4400 S 20	2008 2011	all employers, public and private, phased in by 2010 all employers, effective January 1, 2012
16	Tennessee	HB1378	2011	all employers, phased in by 2013
17	Utah	SB 81 SB 39 HB 116	2008 2009 2011	public employers, contractors, subcontractors   Employers with more than 15 employees
18	Virginia	H 737  HB 1859/SB 1049	2010 2011	state agencies public contractors and subcontractors

taken from http://www.ncsl.org/?tabid=13127