E-Verify Overview

This guide explains how the E-Verify program works, who must use it, what federal contractors are required to do, and where to find registration and posting requirements. You can also view which states require E-Verify in the chart below.

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.

Who is required to use E-Verify?

E-Verify is mandatory for certain employers and voluntary for others. The most common example is that if a company has a federal contract, it is usually required to use E-Verify for its employees.

Some states and local governments have also passed legislation that mandates E-Verify for certain employers, though these laws will vary. Employers should check the specific laws in the state where they operate to determine their E-Verify obligation. See the chart below for an overview.

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.

E-Verify Registration

The E-Verify registration is relatively simple and can be completed online. After setting up an account, you will need to input details about your company, such as address, EIN, and business type. After designating key personnel and agreeing to the terms, you will receive login details.

This process can generally be completed in less than an hour, assuming you have the necessary information available.

E-Verify Posters

At All In One Poster Company, you can obtain an E-Verify and Right To Work Poster to display at your place of business. These posters inform employees of their rights and explain the employer’s participation in the E-Verify program.

Generally, these posters are required for businesses that participate in E-Verify and must be posted in an area where employees can easily see them.

Tip: Post near new-hire onboarding areas alongside the federal I-9 notice for maximum visibility.

States Requiring E-Verify

Each state has slightly different E-Verify requirements. Use the chart below to see which states require E-Verify and who is covered.

	State	Citation	Year	Applies to
1	Alabama	H56	2011	All employers, public and private
1	Alabama	HB658	2012	Contractors and subcontractors; prime contractors not liable for subcontractor complying with E-Verify unless they know of the violation
2	Arizona	HB 2779	2007	All employers, public and private
2	Arizona	HB 2745	2008	Prohibits government contracts to any businesses not using E-Verify
3	Colorado	HB 1343	2006	State and local government contractors.
3	Colorado	SB139, SB193	2008	Contractors with state and local government are required to be enrolled with either with E-Verify, or the Colorado Department of Labor and Employment Program (“Department Program”).
4	Florida	EO 11-02	2011	State agencies, public employers, and government contractors
		EO 11-116		E-Verify requirement for FL state contractors applies to "all contracts for the provision of goods and services to the state in excess of nominal value."



5	Georgia	SB 529	2006	Public employers, contractors, and subcontractors with over 500 employees.
		HB 2	2009
		SB 447	2010
		HB 87	2011	Private employers more than 10 employees (phase in by July 1, 2013)
		HB 742	2012
		HB 1027	2012
6	Idaho	EO 2009-10	2009	State agencies, public employers, and government contractors
7	Indiana	ESB 590	2011	State agencies, public employers, and government contractors. State tax credit incentive for private employers who use E-Verify.
8	Kansas	Executive Order by OSS	2011	Only the Office of the Secretary of State has required all contractors with that office to use E-Verify. The rest of Kansas state government has declined to follow.
9	Louisiana	HB 342	2011	All state and local government contractors
9	Louisiana	HB 646	2011	This requires public and private employers to either use E-Verify or check and retain acceptable work authorization documents. Those using E-Verify are not subject to civil penalties if an employee is later found to be working unlawfully.
10	Michigan	HB 5365	2012	Only Oakland, Macomb, and Ingham counties require public employers to use E-Verify for all new employees. Additionally, country service contractors within Oakland county must use E-Verify.
11	Minnesota	EO in 2008, then under state budget deal in 2011	2011	All state agencies and companies seeking a state contract in excess of $50,000
12	Mississippi	SB 2988	2008	All employers, public and private, by July 2011
13	Missouri	HB 1549	2008	All public employers and business entities receiving a state contract or grant in excess of $5,000 or a state-administered tax credit, tax abatement, or loan from the state
13	Missouri	HB 390	2009
14	Nebraska	L403	2009	State and local government agencies, public employers and government contractors
15	New York		2008	The village of Suffern, New York requires any new contractors with the village to use E-Verify for all new employees.
16	North Carolina	SB 1523	2006	All State Agencies, Offices, and Universities by 3/1/07
		HB 36	2011	all counties, cities and private employers with more than 25 employees to use E-Verify by 07/2013
		HB 318	2015	All State and Local Government Contractors. Seasonal workers are not required to be verified through E-Verify.
17	Oklahoma	HB 1804	2007	State agencies, public employers and government contractors
18	Oregon			All county employers within Columbia County
19	Pennsylvania	SB 637	2011	Government contractors with contracts of $25,000 or greater
20	South Carolina	HB 4400	2008	ALL Private and Public Employers
		SB 20	2011	Civil penalties for noncompliance punishable by loss of business license
		HB 4813	2012	Establishes a 24-hr hotline to report E-Verify violations
21	Tennessee	HB1378	2011	All private employers with more than 6 employees must use E-Verify for all new hires or use alternative methods to verify work authorization
21	Tennessee	SB 196	2016	Under the new law, employers with 50 or more employees must enroll in and use the federal E-Verify program to verify the work authorization status of employees hired on or after January 1, 2017.
22	Texas	RP 80	2014	State agencies, institutions of higher education, government contractors (at least with respect to those employees assigned to the government contract.)
23	Utah	SB 81	2008	Public employers, contractors, subcontractors
		SB 39	2009
		HB 251	2010	Private employers with more than 15 employees
		HB 116	2011
24	Virginia	H 737	2010	State agencies, public employers and contractors with at least 50 employees and a contract worth at least $50,000
		HB 1859	2011
		SB 1049	2011
25	Washington	Local Ordinances		Washington does not have a statewide E-Verify requirement. However, there are several cities and counties that have enacted their own legislation to address E-Verify; these include the cities Hoqiuam, Kennewick, Yakima, and Lakewood, as well as Clark, Cowitz, Lewis, Pierce, and Whatcom counties
26	West Virginia	SB 659	2012	Public Employers, Government Contractors

taken from http://www.verifiedperson.com/products_faqs_20.html