Guide · For employers
E-Verify in plain English: the timeline, mismatches and state rules
E-Verify’s rules are written in agency language, and the deadlines run on three different calendars. This guide puts each step in order, says who does what and by when, explains every case result in plain words, and lists what each state adds.
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Federal + 50 states + DC
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The short version
Six rules to know before your first case.
- Form I-9 comes first. E-Verify checks the facts on a finished Form I-9. It does not replace the form.
- Only after the offer is accepted. Never run an applicant, and never run someone who already works for you, unless a federal contract clause requires it.
- Create the case by the third business day after the person starts work for pay. The first day does not count: a Monday start means Thursday.
- A mismatch is not a finding. Keep the person working, paid and trained, with no change, until the case is final.
- Two mismatch clocks, both in federal working days. You have up to 10 to tell the employee and refer the case; once referred, the employee has 8 to contact DHS or SSA.
- Close every case and keep the record with the Form I-9: the case number, the signed notice and the referral letter.
Three calendars
E-Verify deadlines use three kinds of day. Check which one a deadline uses before you count.
- Business days (Form I-9 and the E-Verify case): the employer’s own business days. The day the person starts does not count.
- Federal government working days (the mismatch clocks): Monday through Friday, not counting federal holidays.
- Calendar days (federal contractor deadlines): every day counts.
From offer to closed case
Every step in order. The mismatch steps are explained in more detail in the next section.
- Before any offer · Employer. Post the E-Verify Participation and Right to Work notices (English and Spanish) at the site, online, and with application materials.
- Recruiting and interviews · Employer. Do not run applicants in E-Verify. Do not ask for specific documents.
- Offer accepted · Employee. May complete Form I-9 Section 1 now (not before). E-Verify+ users may start a case up to 90 days before the start date.
- Day 1 (first day of work for pay) · Employee. Section 1 must be complete, including the SSN (or a note that the SSN has been applied for).
- Day 1 to business day 3 · Employer. Examine documents in person, or remotely by live video if in E-Verify good standing. List B must have a photo. Copy any passport, passport card, I-551 or I-766. Complete Section 2 by the third business day, not counting the first day (Monday start: Thursday) (day 1 if the job lasts under 3 business days).
- After Section 2, no later than business day 3 · Employer. Create the E-Verify case. Answer the photo-match prompt if shown. If late, give the Reason for Delay. If the SSN is pending, attach a note to the I-9 and create the case once the SSN arrives.
- Seconds to 24 hours (up to 3 federal government working days) · E-Verify / DHS. Result appears: Employment Authorized, E-Verify Needs More Time, Tentative Nonconfirmation (Mismatch), or Close Case and Resubmit.
- If Employment Authorized · Employer. Case closes automatically. Record the case number on the I-9 or attach case details. Done.
- If Close Case and Resubmit · Employer. Click Close and Create New Case and re-enter the I-9 facts.
- If Mismatch: promptly, in private · Employer. Notify the employee, give the Further Action Notice (English plus translation if needed). Keep the employee working normally.
- By end of the 10th federal government working day after the mismatch · Employee then Employer. Employee decides whether to take action; employer records the decision and refers the case. No decision by then can lead to Final Nonconfirmation.
- Referral day · Employer. Give the employee the Referral Date Confirmation; attach a copy to the I-9.
- Within 8 federal government working days of referral · Employee. Call DHS or visit an SSA field office by the date printed on the Referral Date Confirmation (8 federal government working days; Monday-Friday, not federal holidays).
- Within 10 federal government working days after referral · DHS / SSA. Agency updates the case: Employment Authorized, Case in Continuance, or Final Nonconfirmation (including DHS No Show).
- Case in Continuance; after 60 federal government working days, call E-Verify · Employer. Keep checking; no adverse action.
- Final Nonconfirmation / DHS No Show · Employer. Decide to end employment or keep the employee. Close the case with the true closure statement (keeping the employee after Final Nonconfirmation must be reported this way; failure to notify DHS: $998-$1,992 per person).
- Case closed · Employer. Record the case number on the I-9 or attach the case details. Keep the I-9 and attachments until the later of 3 years from hire or 1 year after employment ends.
- Ongoing, about every 2 weeks · Employer. Run the Status Change Report; reverify matches on Supplement B in a reasonable time without creating a new case.
- When an work permit (EAD) expires · Employer. Reverify on Supplement B. A receipt for an work permit (EAD) renewal filed on or after Oct. 30, 2025 does not extend the card. Do not create a new E-Verify case.
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When the result is a mismatch
A mismatch (the government’s term is Tentative Nonconfirmation, or TNC) means the facts you entered did not match DHS or SSA records. It is not proof the person cannot work, so check your own data entry first. Here is the path, step by step, then each rule.
- Day 0 (the day E-Verify shows the result) · Employer. Mismatch issued. Print the FAN (English; Spanish or other translation if needed). Check your own data entry.
- As soon as possible, by federal government working day 10 · Employer + employee. Private meeting. Employee checks the data, decides, checks a box, signs and dates the English FAN. Employer gives a copy, files the original with the I-9. Wrong data you keyed: close as incorrect data and open a new case.
- Same day the decision is given (no later than working day 10) · Employer. Contest: refer the case, print the Referral Date Confirmation, give the original to the employee, attach a copy to the I-9. No contest: select ‘will not take action’, close (Final Nonconfirmation).
- End of working day 10, no decision received · Employer. Close the case: ‘will not take action’ > ‘Other’ > ‘Administrative / Employee Unavailable’ or ‘Employee chose not to make a decision’. Result: Final Nonconfirmation.
- Referral day + 8 federal government working days (date on the Referral Date Confirmation) · Employee. Call DHS (or upload in myE-Verify, then call) and/or visit SSA with the FAN and original documents. Employee keeps working throughout.
- Referral day + 10 federal government working days · DHS / SSA. Agency updates the case: Employment Authorized, E-Verify Needs More Time, Case in Continuance, Close Case and Resubmit, or Final Nonconfirmation. Employer checks E-Verify regularly.
- Case in Continuance longer than 60 federal government working days · Employer. Call the E-Verify Contact Center (888-464-4218).
- Final result · Employer. Employment Authorized closes itself. Final Nonconfirmation: close the case, pick keep or terminate, type a reason if keeping. Close Case and Resubmit: close and create a new case.
- At closure · Employer. Write the case number on the I-9 or print the case details and file them with the I-9, along with the signed FAN and Referral Date Confirmation copy.
Each rule on the path:
- Tentative Nonconfirmation (Mismatch). A mismatch means the data you entered did not match DHS or SSA records. It is not proof the person cannot work. A dual mismatch means both agencies flagged it. Do: Treat the mismatch as a records question, not a finding about the person; Check your own data entry against the Form I-9 first. Don’t: assume the employee is unauthorized to work.
User Manual 3.3MOU Art. II.A.13 (rev. 06/01/13) - No adverse action while a mismatch is pending. While the case is open, treat the employee like any other worker. Do not fire, suspend, cut hours or pay, delay the start date or training, or keep them off an assignment because of the mismatch. The employee keeps working. Do: Let the employee start and keep working through the whole mismatch process; Keep schedule, pay, training and assignments unchanged. Don’t: Terminate or suspend; Delay the start date or training; Withhold or lower pay; Deny, reduce or extend work hours; Require poorer working conditions; Refuse a federal contract or other assignment; Otherwise assume the person is unauthorized to work.
User Manual 3.3MOU Art. II.A.13 - Notify Employee of Mismatch (Further Action Notice). As soon as you see the mismatch, download and print the Further Action Notice (FAN). Go over it with the employee in private. You have at most 10 federal government working days from the mismatch date to finish this step and the referral. Do: Print the FAN (English by default; Spanish is a menu option); Meet in private; Have the employee check the personal data at the top of the FAN. Don’t: discuss the result where co-workers can hear; wait until day 10 when you can act sooner; the rule says ‘as soon as possible.’.
User Manual 3.3.1MOU Art. II.A.12 - Delivering the Further Action Notice. You can hand the FAN over in person, or send it by fax, email, or overnight delivery. Protect the employee’s personal data whichever way you send it. Do: Use a secure channel if you email or fax. Don’t: send it to a shared inbox or leave it on a shared printer.
User Manual 3.3.1 - Translated Further Action Notice and Referral Date Confirmation; reading aloud. If the employee cannot read, read the FAN to them. If their English is limited, give them a translated FAN as well as the English one. The same goes for the Referral Date Confirmation. Translations are inside E-Verify under View Essential Resources. Do: Give both the English and the translated version; Read the notice aloud if the employee cannot read. Don’t: give only the translation; the English copy is the one signed and kept, and the SSA copy is the English one.
User Manual 3.3.1E-Verify FAQ - Information at the top of the FAN is wrong (employer data-entry error). If the FAN shows a typo you made, do not refer the case. Close it as ‘information was not correct’ and create a new case with the right data from the Form I-9. Do: Compare the FAN data with Form I-9 Section 1 and the documents; Close the case with the incorrect-data statement, then open a new case. Don’t: refer a case you know was keyed wrong.
E-Verify employer page, Tentative Nonconfirmations - Confirm Employee Decision (take action / not take action). Only the employee decides whether to fight the mismatch. Tell them they must give you their answer by the 10th federal government working day after the mismatch. Then record the choice in E-Verify. Do: Tell the employee the 10-day decision deadline in plain words; Record the decision in E-Verify the same day you get it. Don’t: push the employee either way. Steering the choice based on citizenship or national origin may be illegal.
MOU Art. III.A.2 and III.B.2DOJ IER fact sheet, How to Avoid Discrimination in E-Verify - Refer Case; Referral Date Confirmation. If the employee will take action, refer the case in E-Verify. Download the FAN first. Then print the Referral Date Confirmation (Referral Date Confirmation). Give the original to the employee and staple a copy to the Form I-9. The Referral Date Confirmation shows the employee’s deadline. Do: Download the FAN before you refer; Give the employee the original Referral Date Confirmation; attach a copy to the I-9; Read the Referral Date Confirmation aloud if needed; give a translation if needed. Don’t: refer a case the employee chose not to contest.
User Manual 3.3.2User Manual 3.3.2 - Eight federal government working days to contact DHS or visit SSA. After you refer the case, the employee has 8 federal government working days to start fixing it. DHS mismatch: call DHS. SSA mismatch: go to an SSA office in person. Dual mismatch: do both in the same 8 days. The clock starts when you click Continue to refer. Do: Point the employee to the date on the Referral Date Confirmation; Give reasonable time off to visit SSA (practical step; not stated in the source). Don’t: tell the employee to wait; the 8 days run from referral, not from when they feel ready.
User Manual 3.3.3User Manual 3.3.2 - What the employee brings (SSA visit / DHS call). For SSA, the employee brings the English FAN and original documents (not copies) that prove age, identity, any name change, and citizenship or work status. For DHS, the employee can upload documents in myE-Verify and then call 888-897-7781, or just call. Do: Remind the employee to bring the FAN and originals to SSA. Don’t: ask the employee to bring you an SSA printout or other proof afterward.
Sample Dual FAN (rev. 6/28/19), p.2Sample Dual FAN (rev. 6/28/19), p.2 - Photo mismatch. If the photo E-Verify shows does not match the employee’s document, the case can become a DHS mismatch. Follow the same FAN steps. If the employee contests, refer the case and upload (or express-mail) a copy of the photo document to DHS. Do: Upload the photo document when E-Verify prompts you. Don’t: guess; if you cannot tell whether photos match, send the document to DHS.
MOU Art. III.B.6 - Waiting for DHS/SSA; checking for updates. After referral, DHS or SSA has 10 federal government working days to update the case. Check E-Verify regularly. Do not ask the employee for proof from SSA or DHS; just watch the case. Do: Check E-Verify regularly until a final result. Don’t: ask for a Numident printout or other written SSN proof; ask for more documents after referral.
MOU Art. III.A.6DOJ IER fact sheet, pp.2-3 - Case in Continuance. The employee has contacted DHS or SSA, but the agency needs more time. Keep the employee working with no change. If it sits in continuance more than 60 federal government working days, call E-Verify. Do: Keep checking the case; Call 888-464-4218 or email E-Verify@uscis.dhs.gov after 60 working days. Don’t: take any adverse action until a Final Nonconfirmation.
User Manual 3.4 - Final Nonconfirmation. E-Verify could not confirm the person can work. It happens three ways: the agency could not resolve it, the employee missed the 8-day contact window, or the employee never gave a decision by day 10. You must close the case. You may end employment, with no civil or criminal liability under the MOU. Do: Close the case; Choose whether you keep or terminate the employee in the closure step; Record the case number on the I-9 or print the case details. Don’t: leave an Final Nonconfirmation case open.
User Manual 3.6User Manual 3.6 - Employee chooses not to take action. If the employee says they will not contest, the case is treated as a Final Nonconfirmation. Close it. You may end employment. Do: Select ‘will not take action’, confirm, and close the case. Don’t: pressure the employee toward this choice.
User Manual 3.3 - DHS No Show. ‘DHS No Show’ is still a case result in E-Verify. It means the employee chose to contest a DHS mismatch but did not contact DHS within 8 federal government working days after you referred the case. Treat it as a Final Nonconfirmation: close the case and pick the statement that says whether you kept or terminated the employee. Do: Close a No Show case the same way as an Final Nonconfirmation.
User Manual Appendix B Glossary (full export)User Manual, Case Results Overview table - Continuing to employ after a Final Nonconfirmation. You may keep the person, but you must tell DHS. Do it when you close the case: pick the statement that says the employee continues to work, and type the reason. If you keep the person and do not tell DHS, the civil fine is $998 to $1,992 for each person. If you keep them after a Final Nonconfirmation, the law presumes you knowingly employ someone not authorized to work, unless you can prove otherwise. Do: Select the ‘continues to work’ closure statement; Type a clear reason; Keep the case details with the I-9. Don’t: close the case with a ‘terminated’ statement if the person still works for you.
User Manual 4.1MOU Art. II.A.8.a(3) - Employee rights; DOJ Immigrant and Employee Rights Section (IER). The employee has the right to a FAN, a chance to contest, an Referral Date Confirmation, and to keep working. Employees who think they faced discrimination can call the IER Worker Hotline at 1-800-255-7688. Employers with questions can call the IER Employer Hotline at 1-800-255-8155. Do: Post the E-Verify Participation and Right to Work posters (English and Spanish); Call the IER Employer Hotline when unsure. Don’t: retaliate against an employee who calls IER; threaten or retaliate against an employee for contesting a mismatch or for filing an IER charge.
E-Verify, Employee Rights and ResponsibilitiesDOJ IER home page
What each result means
The case results, in the order you may see them, and the letters that go with a mismatch.
- Employment Authorized. The employee’s facts matched DHS and/or SSA records. E-Verify closes the case on its own. Write the case number on the I-9 or attach the printed case details.
M-775 3.0 / 3.1M-775 4.1 - E-Verify Needs More Time. DHS could not confirm the facts right away and is checking further. Most answers come within 24 hours; some take up to 3 federal government working days. Check back. Do not take any action against the employee while you wait.
M-775 3.2M-775 3.2 - Tentative Nonconfirmation (Mismatch). The employee’s facts did not match DHS and/or SSA records. This is not proof the person can’t work. Tell the employee privately, give them the Further Action Notice, and let them decide whether to fix it. The full path is in fed-tnc.
M-775 3.0MOU Art. II.A.12 - Case in Continuance. The employee has contacted DHS or visited SSA, but the agency needs more time. Keep the employee working normally and check back. If it sits more than 60 federal government working days, call E-Verify.
M-775 3.4M-775 3.0 - Close Case and Resubmit. DHS or SSA could not process the case and wants a new one. Click ‘Close and Create New Case’ and re-enter the employee’s I-9 facts.
M-775 3.0 / 3.5M-775 3.5 - Final Nonconfirmation. E-Verify could not confirm the employee can work. This happens when the employee contacted DHS or SSA and the record was not fixed, missed the 8-day contact window, or did not tell you their choice by the end of the 10th federal government working day after the mismatch. You may end employment. If you keep the person, you must tell DHS by picking that closure statement. If you do not, you face a fine of $998 to $1,992 per person and a presumption that you knowingly employed an unauthorized worker.
M-775 3.6M-775 3.6 - DHS No Show. “DHS No Show” is a kind of Final Nonconfirmation. It means the employee chose to fix a DHS mismatch but did not contact DHS within 8 federal government working days. Handle it like any Final Nonconfirmation: you may end employment, or keep the person and say so by picking the DHS No Show closure statement.
M-775 4.1.1M-775 4.1.1 - Further Action Notice (FAN). The letter E-Verify creates when a case is a mismatch. You print it, review it with the employee in private, and the employee decides whether to take action.
- Referral Date Confirmation (RDC). The letter you give the employee after you refer the case. It shows the date by which the employee must contact DHS or SSA.
- MOU. The Memorandum of Understanding: the agreement you accept when you enroll. E-Verify now calls it the Terms and Conditions of the MOU.
The rules behind each step
What the program requires, with the source for each.
- Prohibition on pre-employment screening (MOU Art. II.A.9-10). Never run a job applicant. You may create a case only after the person has accepted a job offer and Form I-9 is complete (Sections 1 and 2). Do: Wait until the offer is accepted and both I-9 sections are done. Don’t: run applicants, finalists, or anyone before an accepted offer; use E-Verify to decide whom to hire.
MOU Art. II.A.9MOU Art. II.A.10 - Use E-Verify for all new employees; no selective verification (MOU Art. II.A.11). Once enrolled, run every new hire at a participating hiring site through E-Verify. Do not pick and choose. Do not run people hired before your MOU took effect (federal contractors have special rules). Do: Run every new hire at each enrolled hiring site. Don’t: verify only some new hires; verify employees hired before your MOU date, unless the FAR E-Verify clause covers them.
MOU Art. II.A.11M-775 1.5 (MUST NOT list) - Form I-9 Section 2, Employer Review and Verification. Look at the new hire’s documents and finish Section 2 within three business days after work starts. Do not count the first day: a Monday start means Section 2 is due by Thursday. If the job lasts less than three business days, finish Section 2 on the first day, and do not accept a receipt. Do: Let the employee choose which acceptable documents to show; Finish Section 2 by the third business day. Don’t: tell the employee which documents to bring (beyond the E-Verify photo rule for List B).
M-775 2.18 CFR 274a.2(b)(1)(iii) - Create a case no later than the third business day after the employee starts work for pay. Create the E-Verify case by the third business day after the new hire starts work for pay. If E-Verify is down, the deadline waits until it is back up. Do: Create the case as soon as Sections 1 and 2 are done; Enter the employee’s email if they gave one on Form I-9. Don’t: create the case before the offer is accepted and the I-9 is complete.
MOU Art. II.A.9MOU Art. II.A.9 - Employee has applied for, but not yet received, a Social Security number. If a new hire has applied for an SSN and doesn’t have it yet, let them keep working. Attach a note to their Form I-9 and set it aside. Create the case as soon as the SSN arrives, and pick ‘Awaiting Social Security Number’ as the reason it is late. Do: Attach a written explanation to the I-9; Let the employee work; Create the case once the SSN is available; choose ‘Awaiting Social Security Number’ as the late reason. Don’t: delay the start date, fire, or hold back pay because the SSN is pending.
M-775 2.1M-775 2.1 - Reason for Delay (late case). If you create the case after the third business day, E-Verify makes you give a reason. Pick one from the list or type your own. Then go on with the case as normal. Do: Pick the true reason: Awaiting Social Security Number; Technical Problems; Audit Revealed that New Hire Was Not Run; Federal Contractor with E-Verify Clause verifying an existing employee; Awaiting Response on Case Created with Incorrect Information; or Other (type the reason). Don’t: skip a missed new hire found in an audit; run it late and pick ‘Audit Revealed that New Hire Was Not Run’.
M-775 2.2M-775 2.1 - List B identity documents must contain a photo. If the new hire shows a List B identity document (like a driver’s license), it must have a photo. If they object to a photo for religious reasons, call E-Verify at 888-464-4218. Do: Accept any List B document with a photo; Call 888-464-4218 for a religious objection. Don’t: accept a List B document without a photo; demand a specific List B document.
M-775 2.1MOU Art. II.A.6.a - Photo matching. If the new hire shows a U.S. passport, passport card, Permanent Resident Card (I-551), or Employment Authorization Document (I-766), copy it (front and back; passport ID and barcode pages) and keep the copy with the I-9. E-Verify shows a photo. Compare it to the photo on the document or your copy, not to the person’s face. Then answer: matches, does not match, or no photo displayed. Do: Copy the document and keep it with the I-9; Compare E-Verify’s photo to the document’s photo; If it does not match or no photo shows, upload the photo of the document when prompted. Don’t: ask or require the employee to show a photo-matching document; compare the E-Verify photo to the employee’s face.
M-775 2.2.2M-775 2.2.2 - Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination). If you are an E-Verify employer in good standing, you may check I-9 documents by live video instead of in person. The employee sends you copies (front and back). Then you meet on live video and see the same originals. Keep the copies, and check the “alternative procedure” box in Section 2. If you offer this at a hiring site, offer it to every new hire there. You may limit it to remote hires, but never for a discriminatory reason. Do: Be enrolled in E-Verify for every hiring site that uses the procedure, and use E-Verify for new hires; Examine the copies, then hold a live video call with the originals; Keep clear copies with the I-9 for the full retention period; Check the alternative procedure box (I-9 editions 08/01/2023 or 01/20/2025). Don’t: offer remote review to some workers at a site and not others for a discriminatory reason, or based on citizenship, immigration status, or national origin; use the procedure at a site that is not enrolled in E-Verify.
USCIS I-9 Central, Remote Examination of DocumentsUSCIS I-9 Central, Remote Examination of Documents - Close Case (duty to close every case). Every case must end with a final result and be closed. E-Verify closes Employment Authorized cases itself. You close all the others and pick the closure statement that tells DHS what happened. Do: Close every non-authorized case once it has a final result; Pick the closure statement that is true; Record the case number on the I-9 or attach the case details. Don’t: leave cases open; pick ’employee quit’ or ‘terminated for other reasons’ to cover an E-Verify-based firing.
M-775 4.1M-775 4.0 - Notice of E-Verify Participation; Right to Work poster (IER). Post both notices, in English and Spanish, where applicants and employees can see them. Include remote workers: you may show them online or digitally, in hard copy at your sites, and with job application materials. Do: Post both posters in English and Spanish at each hiring site; Show them online or with application materials for remote hires and online applicants; Replace them when DHS issues new versions. Don’t: post only one of the two; leave remote workers without notice; change the posters or buy them from a vendor.
MOU Art. II.A.1M-775 1.5 - Record the case verification number on Form I-9 (MOU Art. II.A.7); Form I-9 retention. Write the E-Verify case number on the employee’s I-9, or print the case details and attach them. Keep photo-matching copies, Referral Date Confirmations, and remote-exam copies with the I-9. Keep each I-9 for 3 years after the hire date or 1 year after employment ends, whichever is later. Do: Record the case number or attach the case details for every case; Keep the I-9 and attachments until the later of 3 years from hire or 1 year after termination; Download old case records before E-Verify disposes of them if you need them. Don’t: throw away an I-9 for a current employee.
MOU Art. II.A.7M-775 4.1 - Anti-discrimination (INA 274B; Title VII) (MOU Art. II.A.14). Do not use E-Verify to treat people differently because of national origin, citizenship, or immigration status. Selective use, firing people who ‘look or sound foreign’, or firing over a mismatch are all illegal. Do: Use the same process for every new hire. Don’t: verify selectively; refuse to hire someone because of a mismatch.
MOU Art. II.A.14 - Form I-9 edition in force. Use the Form I-9 with edition date 01/20/25. You may still use the 08/01/23 edition that shows an expiration date of 05/31/2027. The 08/01/23 edition marked 07/31/2026 ran out on that date, so do not use it for new hires. Electronic I-9 systems had to switch to the 05/31/2027 version by 07/31/2026. Do: Check the expiration date printed at the top of the form. Don’t: use an I-9 with an expiration date of 07/31/2026 for new hires now.
USCIS Form I-9 page, Form Details (updated 06/03/2026)USCIS Form I-9 page - E-Verify+. E-Verify+ is an optional way to run E-Verify, in force now. The new hire fills out Form I-9 online and enters their own facts, and E-Verify tells the employee about a mismatch directly. Once the offer is accepted, you may start the case up to 90 days before the start date. Only Employer-access accounts can use it, not employer agents or Web Services. Do: Decide which process to use; you may use both. Don’t: steer employees into one process based on citizenship, immigration status, or national origin.
E-Verify+ pageE-Verify+ page
Going back: old I-9s, rehires and reverification
E-Verify looks forward, not back. These are the rules for people already on your payroll.
- Going back: no E-Verify for existing employees. Use E-Verify only for people hired after you signed up. You may not run your current workforce, or anyone hired before your MOU date. The one exception is federal contractors with the FAR E-Verify clause (see fed-contractor-staffing). Do: Start E-Verify with new hires only, from your enrollment date forward. Don’t: run existing employees, even ‘to clean up’ the files; create a new case for someone already verified who stays with you.
MOU Art. II.A.11E-Verify FAQ - Reverification is done on Form I-9 Supplement B (formerly Section 3), not in E-Verify. When a worker’s work permit expires, reverify on paper, on Form I-9 Supplement B, no later than the expiration date. Do not open an E-Verify case. Never reverify U.S. citizens, green cards, U.S. passports or List B documents. The ‘Work Authorization Docs Expiring’ alert is only a reminder. Do: Use Supplement B when work authorization expires; Let the employee choose any valid List A or List C document. Don’t: create an E-Verify case to reverify; reverify List B identity documents or U.S. citizens’ or green card holders’ cards.
E-Verify FAQUser Manual 4.2 case alerts (full export) - Status Change Report (invalidated EADs), new 2025. Since June 2025 E-Verify posts a Status Change Report about every two weeks. It lists your cases built on a work permit (work permit (EAD)) that DHS later invalidated. Since August 2026 it covers parole (C11), asylum (C08), adjustment (C09) and TPS (A12, C19) EADs. If the card number matches, reverify that person on Supplement B within a reasonable time. Do not open a new E-Verify case. Do: Pull the report about every two weeks; Match the work permit (EAD) card number on the I-9 to the invalidated document number; Reverify matches on Supplement B; accept any other valid List A or C document. Don’t: create a new E-Verify case; accept the invalidated work permit (EAD); demand a specific document or treat people differently by national origin or status.
Guidance on Invalidated EADsGuidance on Invalidated EADs - Rehires. For a rehire within three years of the old I-9 whose earlier case came back Employment Authorized, you may use Supplement B and skip a new case. Or treat them as a new hire: new I-9, new case. If there was no earlier case, or it was not Employment Authorized, do a new I-9 and a new case. Do: Pick one rehire approach and apply it to everyone. Don’t: create a case when you reuse the old I-9 through Supplement B.
User Manual 2.1.2 Rehires (full export)User Manual 2.1.2 - Correcting Form I-9 errors after an E-Verify case. Fix I-9 errors the usual way: draw a line, write the right entry, initial and date it, and attach a short note. Only the employee fixes Section 1. Never backdate and never use correction fluid. In E-Verify you usually cannot edit a submitted case; some errors need a closed case and a new one, others only a note. Do: Line through, correct, initial, date, attach an explanation; Wrong first day of work in E-Verify: note it on the I-9 or case details; do not open a new case; Wrong passport, passport card or driver’s license expiration date: close the case as ‘data entered is incorrect’ and open a new case. Don’t: erase, white-out or backdate; correct the employee’s Section 1 yourself; open a new case just to change the first day of employment.
M-274 Section 9.0M-274 Section 9.0 - Duplicate Case Alert / Duplicate Cases Found. E-Verify warns you when the same SSN or data appears in another case in the last 365 days. A new case can be right (a rehire, or the old one had bad data). If it is a true duplicate, close it. You must close open duplicates before you continue, and give a reason. Do: Review the earlier case before you go on; Close open duplicates with the right reason. Don’t: keep two open cases for one person.
User Manual 2.3User Manual 2.5 - Case created in error / closed for incorrect data. Closing a case as a duplicate or for incorrect data does not erase it. The case keeps its last result in the record. So enter data carefully the first time. Do: Use ‘The case is being closed because the data entered is incorrect’ for keying errors. Don’t: expect closure to wipe a mismatch from the record.
User Manual 4.1.1 - No re-running a case because you doubt the result. Run each new hire once. Do not open a second case to ‘test’ a person whose result you doubt, or after an Final Nonconfirmation. New cases are for real reasons only: wrong data, a rehire, a Close Case and Resubmit result, or an agency instruction. Do: Use the further-review line (1-888-464-4218) if a result looks wrong. Don’t: open a new case to second-guess a result.
MOU Art. II.A.10User Manual 4.1.1 (the listed valid reasons)
Common mistakes and the fix
- Pulling the new hire off the schedule, delaying the start date, or holding pay until the mismatch clears. Keep the person working with no change until a Final Nonconfirmation.
- Telling the employee about the mismatch in front of others, or by a casual note. Review the FAN in private; send it only by a secure method.
- Waiting until day 9 or 10 to tell the employee. Notify as soon as possible; the 10 federal government working days are a ceiling, not a target.
- Referring a case that failed because of your own typo. Close it as ‘information was not correct’ and create a new case with the I-9 data.
- Making the decision for the employee, or nudging them not to contest. Only the employee decides. Explain both choices neutrally and record their choice.
- Forgetting the Referral Date Confirmation, or giving the employee the copy and keeping the original. Original Referral Date Confirmation to the employee; copy attached to the I-9.
- Giving only a translated FAN, or only English to a worker with limited English. Give both, read it aloud if the employee cannot read, and keep the signed English original.
- Asking the employee to bring back an SSA printout or more documents after referral. Do not ask. Check E-Verify for the update.
- Leaving cases open after a final result. Close every case except Employment Authorized ones, which close themselves.
- Keeping someone after an Final Nonconfirmation but closing the case as ‘terminated’, or not closing it at all. Select the ‘continues to work’ statement and type the reason; that records the continued employment. Failure to notify DHS costs $998-$1,992 per person.
- Running E-Verify on existing staff after enrolling, to ‘clean up’ the files. New hires only, from the enrollment date. Federal contractors follow the FAR clause rules.
- Opening an E-Verify case when a work permit expires. Reverify on Form I-9 Supplement B. No E-Verify case.
- Opening a second case to ‘test’ a doubtful or Final Nonconfirmation result. Call E-Verify (1-888-464-4218) for further review; new cases only for wrong data, rehire, resubmit result, or agency instruction.
- Opening a new case just to fix the first day of employment. Note the error on the I-9 or case details, initial and date it. No new case.
- Whiting out or backdating I-9 fixes, or fixing the employee’s Section 1 yourself. Line through, correct, initial, date, attach a note. The employee fixes Section 1.
- Ignoring the Status Change Report. Pull it about every two weeks; reverify matched EADs on Supplement B within a reasonable time; no new case.
- Asking a worker for a specific document (for example, ‘bring your green card’), or verifying only some hires. Let the employee choose; verify every new hire. A List B document must carry a photo, the only document rule you may state.
- Leaving duplicate open cases for one person. Review the Duplicate Case alert, close the extra case with a reason.
Federal contractors
A federal contract with the E-Verify clause (FAR 52.222-54) changes the rules: you may have to verify existing employees, and the deadlines run in calendar days.
- Day 0. Contract with FAR 52.222-54 awarded (prime or subcontract).
- By day 30 (calendar). Not enrolled: enroll as ‘Federal Contractor with FAR E-Verify clause’. Already enrolled: update the company profile instead; all users take the federal contractor tutorial.
- From enrollment; at the latest 90 calendar days after enrollment. Begin E-Verify on ALL new U.S. hires company-wide (unless an exception entity). If enrolled as a federal contractor 90+ days at award: immediately.
- Each new hire: by the 3rd business day after the hire date. Create the E-Verify case.
- Later of: 90 calendar days after enrollment (newly enrolled) or award (already enrolled), or 30 days after assignment. Create cases for existing employees assigned to the contract.
- If the entire-workforce option is chosen: within 180 calendar days of enrollment or of notice to E-Verify. Create cases for all non-exempt existing employees.
- Ongoing, for the period of performance. Flow the clause into covered subcontracts (services or construction, over $3,500, U.S. work); collect proof of enrollment.
- Contract completed or terminated. Give DHS written notice to end federal-contractor participation, or remain a regular participant verifying all new hires.
Each rule:
- Employment Eligibility Verification clause, FAR 52.222-54 (JAN 2025); prescription at FAR 22.1803. The E-Verify duty for federal contractors comes from a clause in the contract, not from a law that reaches every contractor. Contracting officers must put the clause in solicitations and contracts worth more than $150,000. If the clause is in your contract, you must use E-Verify. Do: Read your contract for clause 52.222-54 (Employment Eligibility Verification); Ask the contracting officer if you are unsure whether the clause applies; e-verify.gov says government contracting officials, not E-Verify, decide. Don’t: assume a contract is covered just because it is federal; check for the clause; enroll as a ‘Federal Contractor with FAR E-Verify clause’ before you actually receive a contract with the clause.
48 CFR 22.1803Who is Affected by the E-Verify Federal Contractor Rule - Exceptions to the clause prescription (FAR 22.1803(a)-(c)): work only outside the United States; period of performance under 120 days; COTS-only contracts. Your prime contract does not get the E-Verify clause if any one of these is true: it is worth $150,000 or less, it lasts less than 120 days, all the work is outside the United States, or it buys only commercially available off-the-shelf (COTS) items and the normal services that come with them. Do: Check all four tests: value, length, place of work, and what is being bought. Don’t: apply these exemptions to subcontracts. Subcontracts use a different test (services or construction, over $3,500, some U.S. work).
48 CFR 22.1803(a)-(b)Exemptions and Exceptions - Enroll as a Federal Contractor in E-Verify within 30 calendar days of contract award (52.222-54(b)(1)(i)). If you win a covered contract and are not yet in E-Verify as a federal contractor, you must enroll within 30 calendar days of the award date. During enrollment, pick the category ‘Federal Contractor with FAR E-Verify clause’ and have your Unique Entity Identifier (UEI) ready. Do: Count 30 calendar days from the award date, weekends included; Have the UEI, EIN, hiring-site addresses, NAICS code, and the MOU signatory’s contact details ready (e-verify.gov enrollment checklist). Don’t: wait for the work to start; the clock runs from the award.
52.222-54(b)(1)(i)Enrollment Checklist - Verify all new employees: initiate verification within 3 business days after the date of hire (52.222-54(b)(1)(ii) and (b)(2)(i)). A covered contractor must run E-Verify on ALL new hires working in the United States, not only the people on the federal contract. Each case must start within 3 business days after the hire date. A newly enrolled contractor has up to 90 calendar days after enrollment to begin this. Do: Verify every U.S. new hire, company-wide, once the 90-day start window ends; Create the case no later than the third business day after the employee starts work for pay. Don’t: limit E-Verify to contract staff unless you are a university, a state or local government, a tribal government, or a takeover surety.
52.222-54(b)(1)(ii)Reminder - Verify employees assigned to the contract (52.222-54(b)(1)(iii) and (b)(2)(ii)); ‘Employee assigned to the contract’ (52.222-54(a)). You must also run E-Verify on existing employees who directly work on the contract in the United States. Start each case by the later of two dates: 90 calendar days after enrollment (or after award, if you were already enrolled) or 30 calendar days after the person is assigned to the contract. Overhead staff who do no substantial contract work do not count. Do: Keep a list of who is assigned to each covered contract and the assignment date; Track who has already been verified so you do not create a second case. Don’t: verify anyone hired on or before November 6, 1986 (November 27, 2009 in the CNMI); they cannot be verified; create a second case for someone already confirmed in E-Verify by your company.
52.222-54(b)(2)(ii)52.222-54(a) definition - Option to verify employment eligibility of all employees (52.222-54(b)(4)); ‘Entire Workforce’ selection. A covered contractor may choose to run E-Verify on its whole existing U.S. workforce, not only contract staff. If you choose this, you have 180 calendar days from enrollment, or from telling E-Verify of the choice, to create the cases. Once you start verifying outside the contract, you cannot undo the choice. Do: Decide with counsel and HR before enrollment; select ‘Entire Workforce’ in the company profile; Verify everyone the same way, whatever their citizenship or national origin. Don’t: choose this, start, and then switch back; the decision is locked once you begin verifying outside a covered contract; include anyone hired on or before November 6, 1986.
Entire Workforce - All hiring sites must participate (federal contractors with the FAR clause). A regular E-Verify employer may choose which hiring sites take part. A covered federal contractor may not. It must list all its hiring sites and verify new hires at every one of them. Do: Add every hiring site to the company profile when you become a covered contractor (bulk upload by .csv is available). Don’t: keep using E-Verify only in some states or locations once you hold a covered contract.
9.4 Updating your Verification Process - Subcontracts (52.222-54(e)), flow-down of the clause. The prime contractor must put the E-Verify clause in each subcontract that is for services or construction, is worth more than $3,500, and includes work in the United States. The duty flows down to every tier. Subcontracts only for supplies are not covered. Do: Add the clause to qualifying subcontracts at every tier; Ask each covered subcontractor for a printout of its E-Verify company profile page as proof of enrollment. Don’t: apply the prime-contract exemptions ($150,000, 120 days) to subcontracts; try to verify your subcontractor’s employees yourself; the prime is not responsible for that.
52.222-54(e)6.2 Prime Contractor and Subcontractor Obligations - Ending federal contractor participation when the contract is completed or terminated (MOU Art. V.3). When the covered contract ends, you may end your MOU, but you must tell DHS in writing. If you do not, you stay in E-Verify and must keep verifying all new hires as a regular participant. Do: Send DHS written notice when the last covered contract ends, if you want to leave E-Verify; Or update the profile so you stop verifying existing employees. Don’t: keep verifying existing employees after you no longer hold a covered contract.
Art. V.3
Staffing agencies, PEOs and agents
Who runs the case when more than one company is involved.
- Staffing agencies: the hiring employer (the party required to complete Form I-9) creates the E-Verify case. If an E-Verify-enrolled staffing agency must complete the Form I-9 for a worker, it must also create the E-Verify case. A client’s request not to run a worker does not excuse it. If the agency is not the hiring employer, the case is not its job. Do: Decide, with counsel, who completes the Form I-9 under each client arrangement; that party runs E-Verify; Run E-Verify on every new hire at participating hiring sites, whatever the client wants. Don’t: skip a case because a client asked you to; run only the workers placed with one client (selective use).
Reminder (January 5, 2024)Reminder (January 5, 2024) - Client contracts that require the agency to use E-Verify; selective use and the INA anti-discrimination provision (8 U.S.C. 1324b). A client may ask a staffing agency to use E-Verify. The agency may enroll as an E-Verify employer or as an E-Verify employer agent with limited participating hiring sites. DOJ warns against using E-Verify only for one client’s workers, because it can look like citizenship or national-origin discrimination. Do: If you enroll for a client, set up participating hiring sites for reasons unrelated to workers’ citizenship or national origin, and verify all new hires at those sites. Don’t: pick hiring sites based on the citizenship or national origin of the people hired there.
DOJ OSC technical assistance letter, August 24, 2015DOJ OSC technical assistance letter, August 24, 2015 - Staffing agency or PEO supplying workers to a federal contractor (subcontractor under 52.222-54(e)). An agency that supplies workers to a federal prime under a services subcontract worth more than $3,500 with U.S. work is a covered subcontractor if the clause is flowed down. It must then enroll as a federal contractor and follow the contractor clocks for its own employees. Do: Read every client contract for a flowed-down 52.222-54 clause. Don’t: assume the prime’s E-Verify use covers the agency’s workers; the employer of the workers verifies them.
52.222-54(a) definition6.2 - Professional employer organizations (PEOs), no PEO-specific E-Verify rule found. E-Verify has no separate rule for PEOs. Under its general rule, whoever is the hiring employer and completes Form I-9 creates the case. A PEO that runs cases for clients does so as an E-Verify employer agent, and each client signs its own MOU. Do: Confirm in writing whether the PEO or the client completes Form I-9 and who signed the MOU. Don’t: assume the PEO carries the E-Verify duty for the client; both the client and the agent are responsible for proper use.
Using an E-Verify Employer Agent - E-Verify employer agent (third-party filing); ‘client company’. An E-Verify employer agent is a third party that creates E-Verify cases for its clients. The agent enrolls each client under its agent account, and the client’s own signatory signs the MOU. E-Verify is free, agents may charge fees, and DHS does not certify agents. Do: Have your own authorized signatory sign the MOU when the agent enrolls you; Tell the agent when your company details or hiring sites change; Display the E-Verify Participation and Right to Work posters, in English and Spanish, that the agent gives you. Don’t: assume the agent carries all the risk; the client and the agent are both responsible for proper use.
Using an E-Verify Employer AgentQuick Reference Guide for Clients of E-Verify Employer Agents, 2.0 - Verification location vs. hiring site; hiring-site-by-hiring-site participation; corporate administrator access. A hiring site is where people are hired and fill out Form I-9. A verification location is where staff enter cases. A regular employer picks which hiring sites take part; at a site that takes part, every new hire must be run, and at a site that does not, no one may be run. One office can run cases for many sites. Do: List every participating hiring site in the profile; Use a corporate administrator account if you want central reporting across locations; each case-creating location still signs its own MOU. Don’t: run some new hires at a participating site and skip others; run anyone at a site that is not participating.
Quick Reference Guide for E-Verify Enrollment 1.4FAQ: multiple locations - Joint employers and contract labor: ’employer’ under 8 CFR 274a.1(g); use of labor through contract, 8 CFR 274a.5. The federal I-9 rules do not use the term ‘joint employer.’ For contract labor, the company that supplies the workers is their employer for I-9 and E-Verify, not the business that uses them. But a business that uses a contract worker it knows is unauthorized is treated as if it hired that worker. Do: Put in the staffing contract who completes Form I-9 and who runs E-Verify; Act on what you know: do not keep using a contract worker you know is unauthorized. Don’t: run E-Verify on another company’s workers just because they work at your site.
8 CFR 274a.1(g)8 CFR 274a.5
Your state
Whether state law makes private employers use E-Verify, whether state or local contracts require it, and whether the state limits how you use it or adds steps. Federal rules apply everywhere.
Select a state for its detail and sources.
| State | Required for private employers | Required on public contracts | Limits or added steps |
|---|---|---|---|
| Alaska | No | No | No |
| Alabama | All employers | Yes | No |
| Arkansas | No | No | Yes |
| Arizona | All employers | Yes | No |
| California | No | No | Yes |
| Colorado | No | No | No |
| Connecticut | No | No | No |
| District of Columbia | No | No | No |
| Delaware | No | No | No |
| Florida | 25 or more employees | Yes | No |
| Georgia | More than 10 employees | Yes | No |
| Hawaii | No | No | No |
| Iowa | No | No | Yes |
| Idaho | No | No | No |
| Illinois | No | No | Yes |
| Indiana | No | Yes | No |
| Kansas | No | No | No |
| Kentucky | No | No | No |
| Louisiana | No | Yes | No |
| Massachusetts | No | No | No |
| Maryland | No | No | No |
| Maine | No | No | No |
| Michigan | No | No | No |
| Minnesota | No | Yes | No |
| Missouri | No | Yes | Yes |
| Mississippi | All employers | Yes | No |
| Montana | No | No | No |
| North Carolina | 25 or more employees in the state | Yes | No |
| North Dakota | No | No | No |
| Nebraska | No | Yes | No |
| New Hampshire | No | No | No |
| New Jersey | No | No | No |
| New Mexico | No | No | No |
| Nevada | No | No | No |
| New York | No | No | No |
| Ohio | Nonresidential construction, any size | Yes | Yes |
| Oklahoma | No | Yes | No |
| Oregon | No | No | No |
| Pennsylvania | No | Yes | Yes |
| Rhode Island | No | No | No |
| South Carolina | All employers | Yes | No |
| South Dakota | No | No | No |
| Tennessee | 35 or more full-time equivalents | No | No |
| Texas | No | Yes | No |
| Utah | 150 or more employees | Yes | No |
| Virginia | No | Yes | No |
| Vermont | No | No | No |
| Washington | No | No | No |
| Wisconsin | No | No | No |
| West Virginia | No | No | No |
| Wyoming | No | No | No |
State by state
Each entry: who must use E-Verify, public contract rules, limits on use, state deadlines and penalties, with the law. Jump to a state:
Alaska
Show the Alaska rules
Alaska has no E-Verify law. Private employers and state contractors may use E-Verify voluntarily under the federal rules; federal contractors follow the FAR clause.
Alabama
Show the Alabama rules
Every Alabama employer must enroll in E-Verify and run new hires through it under the federal rules. If you take a state or local contract (competitively bid or sent to the Contract Review Committee), grant or incentive, you must prove enrollment before award and keep using it during the job. Every subcontractor working on the project must enroll before it starts work. Knowingly employing unauthorized workers can cost you the contract and your business licenses; a clean E-Verify case on the worker protects you.
- Required for private employers. Enroll in E-Verify and verify every new employee through it, following the federal E-Verify rules (in force since April 1, 2012).
Ala. Code 31-13-15(b) - Public contracts. any contract, grant or incentive from the state, a political subdivision or a state-funded entity to an employer with one or more employees in Alabama. For contracts (not grants or incentives), ‘contract’ means one that was competitively bid or would go to the Contract Review Committee (31-13-9(l)). Debt-obligation agreements are excluded (31-13-9(i)). Before award, give documentation that you are enrolled in E-Verify (in practice, a copy of the E-Verify MOU; many agencies also use an affidavit form). Use E-Verify for the whole contract. Every subcontractor on the project must enroll in E-Verify before it does any work. Every public contract must carry the statutory clause that the parties will not knowingly employ an unauthorized alien.
Ala. Code 31-13-9(b) - Deadline: 3 days (statute does not say business days) from court order on a first violation. If missed: Contempt; license suspension continues.
Ala. Code 31-13-15(c)(3) - Deadline: 1 business day from legal representative files a compliance affidavit and copy of the E-Verify MOU. If missed: n/a.
Ala. Code 31-13-15(d)(2) - Penalties. All employers (31-13-15): first knowing violation brings an order to fire every unauthorized worker, 3 years of probation with quarterly new-hire reports to the district attorney, a sworn affidavit within 3 days, and license suspension up to 10 business days at that location; second violation, permanent revocation of that location’s licenses; later violations, licenses suspended statewide forever. Public contractors (31-13-9): first violation is a breach and the government may terminate; 3-year probation; up to 60-day license suspension if there is a policy or practice. Second within 10 years: the contract must be terminated, 5-year probation, 60 to 120 days’ suspension. Third: permanent revocation of all business licenses. An employer that used E-Verify on an employee is not liable for that hire.
Ala. Code 31-13-15(b)
Arkansas
Show the Arkansas rules
Arkansas requires E-Verify only for state government employers (since January 1, 2026); most private businesses and state contractors are not covered. Covered employers must run every new hire, even those who leave within 3 business days, and keep records 3 years. State contractors sign a certificate that they do not knowingly employ illegal immigrants, but it does not require E-Verify.
- Requirement to verify all new employees (Ark. Code 21-3-903). Covered employers hire provisionally until E-Verify confirms the person, must still submit a case even if the job ends in under 3 business days, must not keep or rehire someone E-Verify does not confirm, and keep the record for the job’s length or 3 years. They do not re-verify current employees.
Ark. Code 21-3-903(a)(2)(B) (Act 948 of 2025) - Enforcement (Ark. Code 21-3-906(b)). The Department of Labor and Licensing relies on the federal government’s answer; it may not decide on its own that a worker is unauthorized.
Ark. Code 21-3-903(a)(2)(B) (Act 948 of 2025) - Deadline: 30 days (statute does not say business days) from Department of Labor and Licensing notice of noncompliance (on or after July 1, 2026) If missed: Presumed violation of the bar on employing unauthorized aliens (21-3-905(b))
Ark. Code 21-3-906(c)(2) (Act 948 of 2025) - Deadline: 3 years (or length of employment, if longer) from hire. If missed: Noncompliance.
Ark. Code 21-3-903(a)(2)(C) (Act 948 of 2025) - Penalties. Act 948 sets no fine. Failing to use E-Verify is presumed a violation of the bar on employing unauthorized aliens, and the department gives 30 days to cure.
Ark. Code 21-3-905(b) (Act 948 of 2025)
Arizona
Show the Arizona rules
Every Arizona employer must run every new hire through E-Verify and keep the record for the job’s length or 3 years, whichever is longer. If you provide services to a state or local government, your contract includes a warranty that you comply, and the agency may inspect your records. Knowingly hiring an unauthorized worker can cost you your business licenses; a clean E-Verify record is your best defense.
- Required for private employers. Verify every new employee through E-Verify after hire and keep the verification record for the length of employment or three years, whichever is longer.
A.R.S. 23-214(A) - Public contracts. every government-entity contract for services in Arizona (41-4401(D): ‘contract’ means agreements ‘for the procurement of services in this state’; services include construction and maintenance); no dollar threshold. Also employers receiving state or local economic development incentives (grants, loans, performance-based incentives; not tax provisions). A government entity may not award a services contract to a contractor or subcontractor that does not use E-Verify under 23-214(A). Each contract must include (1) the contractor’s and subcontractors’ warranty that they comply with federal immigration law and 23-214(A); (2) that a breach is a material breach, with penalties up to termination; (3) the entity’s right to inspect the papers of any employee on the contract. The entity must run random checks of contractor employment records. Incentive recipients must register with and use E-Verify and prove it before receiving the incentive.
A.R.S. 41-4401(A)(1) - Deadline: from employee’s hire (federal start date) If missed: Violation of 23-214(A); the employer loses the 23-212(I) presumption of good faith.
A.R.S. 23-214(A) - Deadline: 3 business days from first-violation court order. If missed: Court orders the employer’s licenses suspended until the affidavit is filed.
A.R.S. 23-212(F)(1)(c) - Deadline: 3 years (or the length of employment, whichever is longer) from verification. If missed: Violation of 23-214(A)
A.R.S. 23-214(A) - Deadline: 30 days (statute does not say business days) from final determination that an incentive recipient did not comply with E-Verify. If missed: Not stated; debt to the government entity.
A.R.S. 23-214(B) - Penalties. For knowingly or intentionally employing an unauthorized worker: first violation, the court orders all unauthorized workers fired, a 3-year probation with quarterly new-hire reports to the county attorney, a sworn affidavit within 3 business days, and may suspend all business licenses up to 10 business days. Second violation: permanent revocation of all licenses for that location. Government contractors who breach the warranty face penalties up to contract termination. Using E-Verify creates a rebuttable presumption that the employer did not knowingly employ an unauthorized worker. For intentional violations (23-212.01): 5-year probation for that location and license suspension of at least 10 days on a first violation.
A.R.S. 23-212(F)(2)
California
Show the California rules
California does not require E-Verify, and state and local governments may not make you use it. If you use it, run it only after a job offer, never on current employees or on applicants without an offer, and give the employee every mismatch notice as soon as practicable. Each misuse can cost up to $10,000, and misuse to punish a worker who complained can also cost you your business licenses.
- Unlawful use of E-Verify on existing employees and applicants (Lab. Code 2814(a)). Run E-Verify only on a person you have offered a job. Never use it to check current employees, or applicants who have no offer, unless federal law (for example, a federal contract clause) requires it.
Cal. Lab. Code 2814(a)(2) - Tentative nonconfirmation notice (Lab. Code 2814(b)). If a case returns a tentative nonconfirmation (mismatch), follow the notice steps in the E-Verify MOU. Give the employee any SSA or DHS notice about their case, and the mismatch notice, as soon as practicable.
Cal. Lab. Code 2814(a)(2) - Unfair immigration-related practice (Lab. Code 1019(b)(1)(B)). Using E-Verify at a time or in a way federal rules do not allow, to retaliate against a worker who used a labor right (for example, filed a complaint), is an unfair immigration-related practice. The worker can sue, and a court can suspend your business licenses. Doing it within 90 days of the worker’s complaint is presumed retaliation.
Cal. Lab. Code 1019(b)(1)(B) - Deadline: from employer receives a tentative nonconfirmation. If missed: Violation of 2814; civil penalty up to $10,000 per violation (2814(c))
Cal. Lab. Code 2814(b) - Deadline: 90 days (statute does not say calendar or business; read as calendar) from worker exercises a labor-code right (e.g., files a complaint) If missed: n/a (presumption window)
Cal. Lab. Code 1019(c) - Penalties. Civil penalty up to $10,000 for each violation of 2814; each unlawful E-Verify use on one employee or applicant is a separate violation. If the misuse is retaliation for a worker using a labor right (1019), the worker can sue, and a court may suspend all your business licenses: up to 14 days for a first violation, 30 days for a second, 90 days for a third.
Cal. Lab. Code 2814(c)
Colorado
Show the Colorado rules
Colorado does not require E-Verify for private employers or, since July 2022, for state contractors. Use it voluntarily if you like, under the federal rules. Older guides that cite Colorado’s contractor E-Verify law are out of date.
Connecticut
Show the Connecticut rules
Connecticut has no E-Verify law for private employers or state contractors. E-Verify is voluntary and follows the federal rules.
District of Columbia
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The District of Columbia has no E-Verify law. Employers may use it voluntarily under the federal rules; federal contractors follow the FAR clause.
Delaware
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Delaware has no E-Verify law for private employers or state contractors. Use is voluntary and follows the federal rules.
Florida
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Florida private employers with 25 or more employees must run each new hire through E-Verify within 3 business days of the first paid workday, keep the records 3 years, and certify compliance on the first unemployment tax return each year. Every business that contracts with a Florida public agency must use E-Verify, whatever its size, and collect a no-unauthorized-workers affidavit from each subcontractor. Three failures in 24 months bring a $1,000-a-day fine and possible license suspension; a knowing violation on a public contract ends the contract and bars you for a year.
- Required for private employers. Private employers with 25 or more employees must run each new hire through E-Verify within 3 business days after the first day of paid work, keep the records 3 years, and certify compliance on the first reemployment tax return each year.
s. 448.095(2)(b)2., F.S. (2026) - Public contracts. every contract with a public employer (no dollar threshold); covers contractors and subcontractors. A public employer, contractor or subcontractor may not enter a contract unless each party registers with and uses E-Verify for all new employees. Each subcontractor gives the contractor an affidavit that it does not employ, contract with or subcontract with an unauthorized alien; the contractor keeps it for the contract’s length.
s. 448.095(5)(a), F.S. - Deadline: 3 business days from first day the new employee begins working for pay. If missed: Department of Commerce noncompliance notice and 30-day cure; 3 failures in 24 months triggers the $1,000/day fine.
s. 448.095(2)(a), F.S. - Deadline: from E-Verify unavailable for 3 business days after the new employee’s first paid workday. If missed: Treated as a failure to verify; the outage itself does not cost the rebuttable presumption.
s. 448.095(2)(c), F.S. - Deadline: 30 days (statute does not say calendar or business) from Department of Commerce notice of noncompliance. If missed: Counts as a failure; 3 failures in 24 months triggers $1,000/day fine.
s. 448.095(6)(a), F.S. - Deadline: 3 years from verification. If missed: Violation of 448.095(2)(d)
s. 448.095(2)(d), F.S. - Deadline: 1 year from each calendar year. If missed: Noncompliance.
s. 448.095(2)(b)3., F.S. - Deadline: 20 calendar days from public agency, contractor or subcontractor terminates a contract under 448.095(5)(c) If missed: Right to challenge lost.
s. 448.095(5)(d), F.S. - Penalties. Private employers (25+): the Department of Commerce gives 30 days to cure. After 3 failures to use E-Verify in any 24-month period, it fines $1,000 per day until the employer proves the noncompliance is cured, and noncompliance is grounds to suspend all licenses issued by a ch. 120 licensing agency until cured. Public contracts: a party with a good-faith belief that the other side knowingly broke s. 448.09(1) must terminate the contract; a contractor terminated by a public agency may not get a public contract for at least 1 year and pays the agency’s added costs. Using E-Verify (or Form I-9 during an outage) gives a rebuttable presumption that the employer did not violate s. 448.09.
s. 448.095(6)(b), F.S.
Georgia
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Georgia private employers with more than 10 full-time employees must use E-Verify and put their E-Verify user number on a sworn affidavit to get or renew a business license. Any business doing service work worth more than $2,499.99 for a Georgia public employer must use E-Verify, give a notarized affidavit with its bid, and collect the same affidavit from every subcontractor, forwarding copies within 5 business days. A false affidavit is a crime and bars you from public contracts for 12 months.
- Required for private employers. Private employers with more than 10 employees must register with and use E-Verify, and must give their E-Verify user number on a sworn affidavit before a county or city issues or renews a business license or occupational tax certificate.
O.C.G.A. 36-60-6(a), (b), (d) - Public contracts. public-employer contracts (state agencies and political subdivisions) for the physical performance of services where the labor or services exceed $2,499.99; excludes a contract with an individual licensed under Title 26 or 43 or by the State Bar who personally performs the services; flows down to subcontractors and sub-subcontractors. Before a public employer considers a bid for physical services, the bid must include a signed, notarized affidavit that the contractor is registered with and uses E-Verify, its user ID number and authorization date, that it will keep using it for the contract period, and that it will use only subcontractors who give the same affidavit. Contractors with no employees give a copy of a qualifying state driver’s license or ID instead.
O.C.G.A. 13-10-91(b)(1) - Deadline: 5 business days from subcontractor receives an affidavit from a sub-subcontractor. If missed: Violation of 13-10-91; listing and debarment risk.
O.C.G.A. 13-10-91(b)(3) - Deadline: 5 business days from contractor receives affidavits, licenses or ID cards. If missed: Violation of 13-10-91.
O.C.G.A. 13-10-91(b)(6) - Deadline: 5 years from public employer receives a contractor affidavit. If missed: Public employer noncompliance (not a contractor duty)
O.C.G.A. 13-10-91(b)(1) - Penalties. A knowingly false affidavit is a felony false-statement offense under O.C.G.A. 16-10-20, and the person convicted is barred from bidding on or entering any public contract for 12 months. A contractor the Labor Commissioner finds in violation is listed publicly on open.georgia.gov; a second or later violation bars it from public contracts for 12 months. Private employers that skip the business-license affidavit cannot get or renew the license (36-60-6).
O.C.G.A. 13-10-91(b)(9)
Hawaii
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Hawaii has no E-Verify law. Employers may use it voluntarily under the federal rules.
Show the Iowa rules
Iowa does not require most private employers or public contractors to use E-Verify. Since July 1, 2026, accredited private schools must use it for new hires; their employees get a 10-day state appeal, and a no-status result goes to ICE after any appeal. Every Iowa employer faces a $10,000 fine for knowingly keeping a worker who gave a Social Security number that is not theirs.
- Transmission of E-Verify results (Iowa Code 280.37(2), new). Accredited private schools must use E-Verify for new hires. If, after any state appeal, the check shows the person has no legal status to be in the U.S., the school must send the result to ICE and other federal immigration agencies.
2026 Iowa Acts, SF 2218, sec. 22 (new Iowa Code 280.37(2)) - Citizenship and immigration status appeal (Iowa Code 10A.114, new). An employee of a school district, accredited private school, charter or innovation zone school, city, county or the executive branch can challenge an E-Verify result with the Iowa Department of Inspections, Appeals, and Licensing within 10 calendar days of getting it, with proof it is wrong. The department decides within 7 calendar days and tells the employee and the employer. This sits on top of the federal mismatch process; it does not replace it.
2026 Iowa Acts, SF 2218, sec. 22 (new Iowa Code 280.37(2)) - Employment of persons with false social security numbers prohibited (Iowa Code 91F.2, new). Any Iowa employer: do not hire or keep an employee you know gave you a Social Security number that is not theirs.
2026 Iowa Acts, SF 2218, sec. 22 (new Iowa Code 280.37(2)) - Deadline: 10 calendar days from employee receives the E-Verify (or SAVE) result. If missed: No state appeal; the result stands for the state process.
Iowa Code 10A.114(2) (SF 2218 sec. 13) - Deadline: 7 calendar days from department receives the challenge. If missed: n/a (agency deadline)
Iowa Code 10A.114(3) (SF 2218 sec. 13) - Penalties. For knowingly hiring or keeping a worker who gave a Social Security number that is not theirs: a $10,000 civil penalty per violation, collected by the Iowa Department of Workforce Development. On a fourth or later violation, the location must also stop operating until the majority owner and all managers there complete state training. An employer that knowingly gives a potential employee a fraudulent SSN commits fraudulent practice under Iowa Code 714.8(24).
Iowa Code 91F.3(2) (SF 2218 sec. 5)
Show the Idaho rules
Idaho does not require E-Verify for private employers or public contractors. State contracts paid with state or federal stimulus money include a declaration that your workers on the project can legally work in the U.S.; E-Verify is one way to back that up, but the order does not require it. 2026 bills to mandate E-Verify did not pass.
- Penalties. Under EO 2009-10, a state contractor that knowingly and willfully fails to confirm work eligibility or employs an unauthorized worker may face contract cancellation, return of unspent public funds and monetary penalties set in the contract.
Idaho Executive Order 2009-10, para. 5
Illinois
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Illinois does not require E-Verify, and since December 12, 2025 it no longer has its own E-Verify attestation, training or notice rules; for E-Verify cases, follow the federal rules. What remains: if SSA, the IRS or another outside body that does not enforce immigration law says an employee’s documents do not match, you may not act against the employee on that notice alone, and you must tell the employee in writing within 5 business days. Fines run $100 to $1,000 per violation, and $1,000 to $5,000 for a repeat within 3 years.
- Repeal of the E-Verify sections (820 ILCS 55/12 and 55/13). Illinois’s old E-Verify rules (state attestation forms, training, posting and mismatch-notice duties in sections 12 and 13) no longer exist as of December 12, 2025. Follow the federal E-Verify MOU.
820 ILCS 55/14(a)(1) (added by P.A. 104-455) - Employment requirements on a document discrepancy notice (820 ILCS 55/14). If a federal agency or outside vendor that does not enforce immigration law (for example SSA, the IRS or an insurer) tells you in writing that an employee’s taxpayer ID or ID documents do not match, you may not take adverse action based only on that notice. Within 5 business days of the notice (or of deciding the employee must respond, whichever is later), tell the employee and their authorized representative: in person and by hand if you can, otherwise by mail and email. Say what was reported, any federal deadline to contest it, and what you need the employee to do. The employee may bring a representative of their choice to any meeting.
820 ILCS 55/14(a)(1) (added by P.A. 104-455) - Deadline: 5 business days (a shorter time set by federal law or a collective bargaining agreement controls) from employer receives the written discrepancy notice, or decides the employee must respond to it, whichever is longer. If missed: Civil penalty $100 to $1,000 per violation ($1,000 to $5,000 for repeats within 3 years)
820 ILCS 55/14(a)(2) - Penalties. Civil penalty of $100 to $1,000 per violation; $1,000 to $5,000 per violation for a repeat of the same provision within 3 years; each violation is separate. Enforced by the Illinois Department of Labor, the Attorney General, nonprofit or union ‘interested parties’, and employees through a private right of action. No penalty for a Section 14 violation if the employer relied in good faith on IDOL or DHS guidance or made a bona fide administrative error that did not affect the employee’s job or pay.
820 ILCS 55/18(a)
Indiana
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Indiana does not require most private employers to use E-Verify. Since July 1, 2026, knowingly hiring or keeping an unauthorized worker is unlawful, and using E-Verify (or diligence that meets industry best practice) is your defense; repeat violations can cost your licenses. If you hold a state or local services or public works contract, you must enroll in E-Verify, verify all new hires, sign a no-unauthorized-workers affidavit, and get an E-Verify certification from each subcontractor; grants over $1,000 need the same proof. A contractor that does not fix a violation within 30 days loses the contract.
- Public contracts. (1) every state-agency or political-subdivision public contract for services entered into or renewed after June 30, 2011; (2) every public works contract entered into or renewed after June 30, 2015; (3) any state or local grant of more than $1,000 to a business entity; no dollar threshold for contracts. The contract must require the contractor to enroll in E-Verify and verify all newly hired employees, and the contractor signs an affidavit that it does not knowingly employ an unauthorized alien. Grant recipients over $1,000 sign a sworn affidavit of enrollment, give documentation of it, and sign the no-unauthorized-alien affidavit. Each subcontractor certifies to the contractor that it is enrolled in E-Verify and does not knowingly employ unauthorized aliens; the contractor keeps the certification on file for the subcontract’s term.
IC 22-5-1.7-11(a) - Deadline: 30 days (calendar; statute says ‘thirty (30) days’) from public agency notifies the contractor of a violation. If missed: Agency must terminate the contract for breach; contractor liable for actual damages.
IC 22-5-1.7-12(b) - Deadline: 20 days (statute does not say calendar or business) from contractor receives a violation notice or termination. If missed: Right to challenge lost.
IC 22-5-1.7-14 - Deadline: 15 business days from first-time employer receives the attorney general’s notice of a probable-cause finding (violations from July 1, 2026; AG looks back 3 years) If missed: AG may sue for an injunction, suspension of operating authorizations and probation.
IC 22-5-9-8(b) - Penalties. Public contracts: if a contractor does not fix a violation within 30 days of notice, the agency must terminate the contract (unless that would harm the public interest or public property, in which case it may run until a replacement is found) and the contractor owes actual damages. Using E-Verify creates a rebuttable presumption that the contractor did not knowingly employ an unauthorized alien. All employers (from July 1, 2026): a court may suspend all operating authorizations (licenses, permits, registrations) at the location for 5 business days (single first violation), 10 business days (several first violations), 180 days (any later violation), then permanently revoke them; a willful violator at 3 or more locations can lose all Indiana authorizations. Courts may also order probation of 6 months to 2 years with quarterly reports to the attorney general. The statute sets no dollar fine for employers.
IC 22-5-1.7-13(a)(1)
Kansas
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Kansas has no E-Verify law; 2025-2026 bills to require it died. E-Verify is voluntary and follows the federal rules.
Kentucky
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Kentucky has no E-Verify law for private employers or public contractors; 2025 and 2026 bills did not pass. Use is voluntary and follows the federal rules.
Louisiana
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Louisiana does not require most private employers to use E-Verify, but using it on every employee protects you from state fines for hiring unauthorized workers. If you bid on a public works job (building or repairing public property), you must swear you use E-Verify for all new Louisiana hires and collect the same sworn affidavit from every subcontractor. Breaking that rule can cost you the contract and bar you from public work for up to 3 years.
- Public contracts. contracts and bids with a public entity for the physical performance of services on PUBLIC WORKS only (erecting, building, altering, improving or repairing public facilities or property); contracts and bids on or after January 1, 2012; no dollar threshold. Before bidding on or signing a public works contract, the private employer swears in an affidavit that it is registered in and uses E-Verify for all new employees in Louisiana, will keep using it for the contract term, and will require every subcontractor to give it the same sworn affidavit.
La. R.S. 38:2212.10(C) - Penalties. Public works: a violating employer may lose any public contract and be ineligible for public contracts for up to 3 years from discovery, and pays the public entity’s added costs; it may appeal to the sanctioning entity or a court. All employers (23:995): the secretary of Louisiana Works may fine up to $500 per unauthorized worker for a first violation and up to $1,000 for a second; on a third, the local governing or licensing authority must suspend the business license or permit for 30 days to 6 months and a fine of up to $2,500 per worker applies. Fines come only after an Administrative Procedure Act hearing. Verifying every employee through E-Verify (or keeping a photo ID plus a listed citizenship or work document for each) is a full defense, and reliance on E-Verify is presumed good faith.
La. R.S. 38:2212.10(D)(1)
Massachusetts
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Massachusetts has no E-Verify law. Employers may use it voluntarily under the federal rules.
Maryland
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Maryland has no E-Verify law for private employers or state contractors. Use is voluntary and follows the federal rules.
Show the Maine rules
Maine has no E-Verify law. E-Verify is voluntary and follows the federal rules; Maine law still bars knowingly hiring unauthorized workers.
Michigan
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Michigan does not require private employers to use E-Verify. State contracts let in fiscal year 2026 (Oct. 2025 to Sept. 2026) with prequalified contractors had to require E-Verify for hires during the contract term, but the fiscal 2027 budget dropped that rule. If you hold a Michigan state contract, read it: an older one may still require E-Verify.
Minnesota
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Minnesota does not require private employers in general to use E-Verify. If you win a state services contract over $50,000, you and your subcontractors must certify that you use (or are setting up) E-Verify for new hires who will work on that contract. Local government contracts are not covered by this statute.
- Public contracts. state contracts for services valued over $50,000 (not State Board of Investment contracts; Office of Higher Education credit-reporting contracts may be exempt) The vendor and every subcontractor certify that, by the date they start work for the state, they have implemented or are implementing E-Verify for all newly hired employees in the United States who will work on behalf of the state.
Minn. Stat. 16C.075
Missouri
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Missouri does not make most private employers use E-Verify. If you take a state or local contract or grant over $5,000, or a state tax credit, abatement or loan, you must swear once a year that you use E-Verify for the workers on that job. If you enroll voluntarily, run every new hire; doing so is your defense against penalties of up to ten times the wages paid to unauthorized workers.
- Public contracts. any state or political-subdivision contract or grant over $5,000; also any business receiving a state-administered or subsidized tax credit, tax abatement or state loan. The business signs a sworn affidavit, with documentation, that it is enrolled in and uses E-Verify for the employees working on the contracted services, plus an affidavit that it does not knowingly employ an unauthorized alien on that work. Since 2026-08-28 the affidavits go to each contracting government once a year, not per contract. The duty pauses for 15 working days during or right after a listed emergency (storms, floods, tornadoes and similar).
RSMo 285.530.2 - Verification of every new hire after enrollment (RSMo 285.530.4). If you enroll in E-Verify, you must run every new hire whose job starts after you enroll, not just some of them, and keep a copy of each dated verification report from the federal government. Enrolling gives you an affirmative defense to the state ban on knowingly employing unauthorized workers.
RSMo 285.530.4 - Deadline: 15 working days from start of a listed emergency. If missed: n/a (suspension, not a deadline)
RSMo 285.530.2 - Penalties. The attorney general enforces, and any complaint must come with a sworn affidavit under penalty of perjury. The state must prove a knowing violation by a preponderance of the evidence. The AG may seek an injunction and damages equal to ten times the wages paid to the unauthorized workers; courts may suspend state licenses, permits or exemptions and direct local governments to suspend local ones. A general contractor or subcontractor of any tier is liable for a direct subcontractor’s violation it knew of. E-Verify participation is an affirmative defense. An employer that reports a violation to the AG is not liable under the Act.
RSMo 285.535.4
Mississippi
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Every Mississippi employer must use E-Verify on all new hires, and no business may contract or subcontract with a Mississippi public employer without it. Staffing and leasing firms must register with MDES and show clients proof of E-Verify participation. Breaking the law can cost you public contracts for up to 3 years and your business licenses for up to a year; using E-Verify shields you from the Act’s discrimination claim.
- Required for private employers. Every Mississippi employer must enroll in E-Verify and use it to verify every newly hired employee. Contractors and subcontractors may not hire anyone without it.
Mississippi Employment Protection Act, 2008 Miss. Laws S.B. 2988, s. 2(4)(b)(i) and (7) (codified at Miss. Code Ann. 71-11-3) - Public contracts. every contract or subcontract with a public employer (state agencies and political subdivisions) entered into after July 1, 2008; no dollar threshold; ‘subcontractor’ includes contract employees and staffing agencies of any tier. A contractor or subcontractor may not enter a contract or subcontract with a public employer unless it is registered in and uses E-Verify for all newly hired employees. (All Mississippi employers must use E-Verify anyway; see research 15.) Staffing and leasing firms (third-party employers) must register with the Mississippi Department of Employment Security before placing workers and show proof of registration and E-Verify participation to the businesses they serve.
Miss. Code Ann. 71-11-3(4)(b)(iii) (2008 SB 2988, s. 2(4)(b)(iii)) - Penalties. An employer that breaks the Act can lose any state or public contract and be barred from public contracts for up to 3 years, lose any state or local license or permit to do business for up to 1 year, or both, and must pay the state’s added costs from the cancellation. Appeals go to the charging agency or circuit court. Enforcers: Department of Employment Security, State Tax Commission, Secretary of State, Department of Human Services, Attorney General. Separately, a worker who knowingly works while unauthorized commits a felony (1 to 5 years, $1,000 to $10,000).
Miss. Code Ann. 71-11-3(7)(e)(i) (2008 SB 2988, s. 2(7)(e)(i))
Montana
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Montana does not require E-Verify. Since 2025, every employer must keep either the E-Verify result or a completed Form I-9 with copies of the documents, on the federal I-9 timeline. If you use E-Verify, the state presumes you acted in good faith. A missing record costs up to $500 per worker the first time, and a third violation suspends your business license for 30 days to 6 months.
- Request and keep the E-Verify result or the I-9 with document copies: the federal I-9 timelines (8 CFR 274a.2) business days per federal rule from hire. If missed: civil penalty under 39-2-1606.
MCA 39-2-1603(1) - Records open to inspection: 3 business days from Department of Labor and Industry notice. If missed: penalty up to $500 per offense.
MCA 39-2-1605(1) - Penalties. Enforced by the Montana Department of Labor and Industry. Failing to keep either record: up to $500 per worker (first violation), up to $1,000 per worker (second); third and later, license suspension of 30 days to 6 months plus up to $2,500 per worker. Refusing a records inspection: up to $500 per offense.
MCA 39-2-1606(1)(c)MCA 39-2-1606(1)(a)
North Carolina
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If you have 25 or more employees in North Carolina, run every new hire through E-Verify and keep the record while they work for you and for one year after. If you sell services to the state, a city or a county, the contract will require you and your subcontractors to follow that same law. Contracts only to buy goods are exempt. Complaints go to the NC Commissioner of Labor. After a first violation, you must file a sworn affidavit within 3 business days, or pay $10,000.
- Required for private employers. Employers with 25 or more NC employees must run each new hire through E-Verify after hiring and keep the verification record while the person is employed and one year after. Employees whose term is under nine months in a calendar year are excluded.
N.C. Gen. Stat. 64-26(a); 64-25(3)-(4) - Public contracts. Any contract entered by a board or governing body of the State, a State institution, or a political subdivision (cities, counties), plus any contract under the state purchasing Article (143-48.5). No dollar floor. Exempt (143-133.3(c)): travel and lodging expenses for public employees, officers and board members; contracts solely to buy goods, apparatus, supplies, materials or equipment; contracts let under G.S. 143-129(e)(1), (9) or (9a); and contracts let under G.S. 143-129(g). The contractor and its subcontractors under the contract must comply with the private E-Verify mandate (Chapter 64, Article 2). The public body is deemed compliant if the contract contains a term requiring that. Chapter 64 itself applies to employers with 25 or more employees in North Carolina, so the clause binds what that Article requires.
N.C. Gen. Stat. 143-133.3(a)N.C. Gen. Stat. 143-133.3 - Retention of verification record: length of employment plus 1 year years from the E-Verify verification for an employee. If missed: violation of 64-26, handled under 64-31 to 64-33.
N.C. Gen. Stat. 64-26(b) - Sworn affidavit after a first-violation order: 3 business days from the Commissioner of Labor issues a first-violation order. If missed: civil penalty of $10,000.
N.C. Gen. Stat. 64-31(a)-(b) - Penalties. Enforced by the NC Commissioner of Labor on complaint. First violation: an order to file a sworn affidavit within 3 business days that the employer has run the missed verifications; $10,000 if the affidavit is late. Second violation: affidavit plus $1,000 flat, regardless of how many verifications were missed. Third and later: affidavit plus $2,000 for each missed verification. If a public body signs a contract without the required E-Verify term, the Commissioner notifies it of the violation and lists it on the Department of Labor website (64-33.1).
N.C. Gen. Stat. 64-31(b)N.C. Gen. Stat. 64-33
North Dakota
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North Dakota has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Nebraska
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Nebraska does not require most private employers to use E-Verify. If you hold a contract with the state, a city, a county or a school district to do work in Nebraska, you and your subcontractors must use E-Verify for new employees who do that work. The contract itself will say so.
- Public contracts. Any contract a Nebraska public employer (any state agency or political subdivision) awards for the physical performance of services in Nebraska, on or after October 1, 2009. No dollar floor. ‘Public contractor’ includes the contractor’s subcontractors. Public contractors and subcontractors must register with and use E-Verify (or an equivalent federal program) for new employees physically performing services in Nebraska. Every such contract must contain a clause requiring it.
Neb. Rev. Stat. 4-114(2)Neb. Rev. Stat. 4-114(1)(b)
New Hampshire
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New Hampshire has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
New Jersey
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New Jersey has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
New Mexico
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New Mexico has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Nevada
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Nevada has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
New York
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New York has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Show the Ohio rules
Since March 20, 2026, Ohio requires every nonresidential construction contractor, subcontractor and labor broker, of any size, to run each hire for that work through E-Verify. You may not keep a worker after a final nonconfirmation. Keep each record for 3 years from hire or 1 year after the worker leaves, whichever is later. State construction contracts must include these terms. Other Ohio employers do not have to use E-Verify.
- Required for private employers. Since March 20, 2026, nonresidential construction contractors, subcontractors and labor brokers must run each employee hired for work on a nonresidential construction project through E-Verify, keep the record for 3 years after hire or 1 year after termination (whichever is later), and may not keep employing a worker after a final nonconfirmation. Other private employers are not required to use E-Verify.
Ohio Rev. Code 4151.02(A) (E-Verify Workforce Integrity Act, H.B. 246, 136th G.A., effective March 20, 2026) - Public contracts. State-agency contracts for the construction or renovation of a nonresidential construction project (any building, highway, bridge, utility or related infrastructure; not residential buildings, manufactured homes or farm structures). State agencies must put terms requiring compliance with 4151.02 (verify every hire for the project) and 4151.03 (no keeping a worker after an Final Nonconfirmation) into those contracts. The Attorney General reviews agencies for this. The private mandate already covers every nonresidential construction contractor, subcontractor and labor broker, on public or private work. Two or more willful violations can bar a firm from state contracts for up to two years.
Ohio Rev. Code 4151.07(A)Ohio Rev. Code 4151.04(D)(3) - Limits on use. After an E-Verify final nonconfirmation, a covered construction employer may not keep the worker. Ohio defines the Final Nonconfirmation as a case result that eligibility could not be confirmed, with instructions to close the case. This is stricter than federal rules, where an employer may keep the worker if it notifies DHS. An employer need not re-run a worker it already verified in E-Verify unless federal law requires it.
Ohio Rev. Code 4151.03Ohio Rev. Code 4151.02(C)(1) - Record retention: 3 years after hire or 1 year after termination, whichever is later years from date of hire. If missed: violation of 4151.02.
Ohio Rev. Code 4151.02 - Proof of authorized employment after a notice of violation: 10 days from the attorney general issues a notice of violation. If missed: the violation stands; fines apply.
Ohio Rev. Code 4151.04(D)(1) - Request a hearing: 10 business days from service of the notice of violation. If missed: the notice becomes an enforceable order.
Ohio Rev. Code 4151.04(F) - Comply with an enforceable order: 30 days from the notice of violation becomes an enforceable order (no hearing requested in time) If missed: the Attorney General must sue; the court orders the valid penalty plus $1,000 per violation and bars the firm from state contracts for up to two years.
Ohio Rev. Code 4151.04(H) - When to run the E-Verify case: no state window n/a from hire for work on a nonresidential construction project. If missed: 4151.02 violation.
Ohio Rev. Code 4151.02(A) - Penalties. Enforced by the Ohio Attorney General on complaint. Failing to verify a hire: $250 per violation, then $1,000, then $1,500 for repeats within three years. Keeping a worker after a final nonconfirmation: $5,000 per violation, then $10,000, then $25,000. Two or more willful violations: up to two years off state contracts. If the firm ignores an enforceable order for 30 days, the AG sues; the court adds $1,000 per violation and bars the firm from state contracts for up to two years. A court finding that the firm knowingly employed an unauthorized worker leads to permanent revocation of the licenses tied to that work site. No notice issues for an isolated technical error or an E-Verify malfunction.
Ohio Rev. Code 4151.04(E)Ohio Rev. Code 4151.04(E)
Oklahoma
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Oklahoma does not require most private employers to use E-Verify. If you or your subcontractors, including staffing agencies, do work in Oklahoma under a contract with the state, a city, a county or a school district, you must enroll in a listed verification system and check all new hires. The law also lists SSA’s number-check service, but only E-Verify confirms work authorization, so use E-Verify. Using it also protects you from one kind of state discrimination claim.
- Public contracts. Any contract with a public employer (any state department, agency, instrumentality or political subdivision) for the physical performance of services in Oklahoma, entered after July 1, 2008. No dollar floor. ‘Subcontractor’ includes contract employees, staffing agencies and contractors of any tier. The contractor and each subcontractor must register and participate in a ‘Status Verification System’ for all new employees. The law’s definition lists four systems: E-Verify, an equivalent federal program, an equally reliable independent third-party system, or SSA’s Social Security Number Verification Service (SSNVS). Public employers themselves must use E-Verify or an equivalent federal program.
25 O.S. 1313(B)(2)25 O.S. 1312(3)
Oregon
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Oregon has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Pennsylvania
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Pennsylvania does not require most private employers to use E-Verify. On a prevailing-wage public works project over $25,000, every contractor must use E-Verify for each new hire: the prime, each subcontractor of any tier, and any staffing agency. Give the public body the state verification form before award (prime) or before you start work (subcontractor). A first failure brings a public warning letter; repeat failures bar you from public work for 60 days, then 1 to 2 years.
- Public contracts. Any ‘public work’ under the Pennsylvania Prevailing Wage Act: construction, reconstruction, demolition, alteration or repair work (not maintenance) done under contract and paid in whole or part with a public body’s funds, where the estimated total project cost exceeds $25,000. Covers subcontractors of any tier, including staffing agencies; material suppliers are excluded. Enroll in E-Verify and verify each new employee (anyone the contractor must issue a W-2). Before award (contractor) or before starting work (subcontractor), give the public body a signed verification form from the Department of General Services certifying E-Verify enrollment and compliance. Contracts with subcontractors must explain the requirements.
Administrative Code of 1929, sec. 2402-C(a)Administrative Code of 1929, sec. 2401-C ('Subcontractor') - Limits on use. Public works contractors may not discriminate by race, ethnicity, color or national origin when verifying. They may not retaliate against an employee who reports a violation or joins an investigation; the employee can sue within 180 days for reinstatement, three times lost wages and benefits, and fees. Good-faith reliance on E-Verify gives immunity from sanctions.
Administrative Code of 1929, sec. 2402-C(b)Administrative Code of 1929, sec. 2407-C(c)(2) - Retaliation action: 180 calendar days from the employee knew of the retaliation. If missed: claim barred.
Administrative Code of 1929, sec. 2407-C(b)(2) - Penalties. Enforced by the Department of General Services through complaints and random audits. Failing to verify a new hire: first a warning letter posted on the department’s website, then 60 days off public work, then 1 to 2 years. A willful violation found by Commonwealth Court means 3 years. All violations on one contract count as one. A violation 10 or more years after the last counts as a first. Missing or false verification form: $2,500 to $25,000 per violation, plus 60 days to 3 years of debarment if willful. Debarred or fined firms may have to repay audit costs.
Administrative Code of 1929, sec. 2405-C(e)(2)Administrative Code of 1929, sec. 2405-C(f)(1)
Rhode Island
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Rhode Island has no E-Verify law. A 2008 executive order that required E-Verify for state contractors was rescinded in 2011. You may use E-Verify voluntarily under the federal rules; check any government or client contract for an E-Verify clause.
South Carolina
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Every South Carolina employer, of any size, must run each new hire through E-Verify within three business days of hire, even if the hire leaves sooner. Until the case confirms, the hire is provisional, and you may not keep someone E-Verify does not verify. Public services contracts over $25,000 (state) or $15,000 (local) also require you to certify E-Verify use and bind your subcontractors to it. A first miss means a year of probation with quarterly reports; repeat misses suspend your state right to employ for 10 to 30 days.
- Required for private employers. Enroll in E-Verify and verify every new employee within three business days after hire; employ the new hire provisionally until verified.
S.C. Code Ann. 41-8-20(B) - Public contracts. Services contracts with a public employer (any state department, agency or instrumentality, or a political subdivision) for the physical performance of services in South Carolina, when the contract value over 12 months exceeds $25,000 (state) or $15,000 (political subdivision). A ‘services contract’ is one where manual labor exceeds 30% of all labor cost or 5% of the contract price. Excluded: contracts mainly to buy an end product, and contracts mainly for professional or consultant services. The contractor must agree to register and participate in E-Verify for all new employees, and must require its subcontractors and, through them, sub-subcontractors to do the same. The public employer is compliant if it gets a written statement from the contractor certifying compliance. Separately, a private employer that is a contractor must keep phone numbers for all its subcontractors and give them to the director within 72 hours of a request (41-8-20(F)).
S.C. Code 8-14-20(B)S.C. Code 8-14-10(1) - Verify every new employee: 3 business days from the employee is hired. If missed: violation of 41-8-20: one year probation with quarterly reports (first), license suspension 10 to 30 days (later); each unverified new hire is a separate violation.
S.C. Code 41-8-20(B) - Penalties. Every SC private employer holds a state ’employment license’ by law. Failing to use E-Verify (41-8-20): first time, comply at once and serve one year of probation with quarterly reports to the Department of Employment and Workforce; later times, the license is suspended 10 to 30 days. Each new hire not verified counts separately. Knowingly employing an unauthorized worker (41-8-30): suspension 10 to 30 days, then 30 to 60 days, then revocation; reinstatement requires firing the worker and a fee up to $1,000. Operating while suspended means revocation for 5 years. Violators are listed on the agency website. On public services contracts, a knowingly false certification or report is a felony: a fine and up to five years (8-14-60).
S.C. Code 41-8-50(D)(1)(b)S.C. Code 41-8-50(D)(1)(b)
South Dakota
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South Dakota has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Tennessee
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In Tennessee, employers with 35 or more full-time-equivalent employees must use E-Verify for every new hire. Smaller employers can use E-Verify or collect a copy of one listed ID document from each new worker before they start, including independent workers you pay directly. Social Security cards and I-9 forms do not count. A first violation costs $500 plus $500 per worker, and the state posts violators by name.
- Required for private employers. Employers with 35+ FTEs must run every new hire through E-Verify and keep the case result. Smaller covered employers must either use E-Verify or request and keep a copy of one listed identity and work-authorization document before the new hire starts work.
Tenn. Code Ann. 50-1-703 (Tennessee Lawful Employment Act); TDLWD Employment Verification page - Document option (under 35 FTEs): before the first day of work precondition from hire or engagement. If missed: TLEA violation; penalties below.
TDLWD, Employment Verification page - Proof of compliance after a final order of violation: 45 days (unit not stated; our reading: calendar days) from the final order of violation. If missed: $500 per day.
TDLWD, Employment Verification page - Local-government E-Verify before hire: before appointment or hire precondition from July 1, 2026. If missed: the Attorney General may withhold state funds.
MTAS-2070 - Penalties. Enforced by the Commissioner of Labor and Workforce Development on complaint. First knowing violation: $500 company penalty plus $500 per employee or non-employee not verified. Repeat offenders: up to $2,500 company fine plus $2,500 per employee. $500 for failing to enroll in E-Verify when required. $500 per day for not showing compliance within 45 days of a final order. Final orders are posted monthly by name on the department site (2026 orders ran $1,500 to $3,500).
TDLWD, Employment Verification page
Coming changes:
- From January 1, 2027. From January 1, 2027, Tennessee’s verification law reaches every private employer with at least one employee. Employers under 35 FTEs can still collect a listed ID document instead of using E-Verify.
- From January 1, 2027. From January 1, 2027, if you miss the 45-day deadline to prove compliance after a Tennessee final order, the state will ask your local government to suspend your business license. A third violation makes the suspension permanent.
Show the Texas rules
Texas does not require private employers to use E-Verify, and no statute covers state contractors. But a 2014 governor’s order still makes agencies under the Governor require E-Verify from their services contractors and subcontractors, and many agency contracts include the clause. Read your contract: if the clause is there, use E-Verify for your Texas employees for as long as the contract runs.
- Public contracts. Contracts for services with state agencies under the direction of the Governor (Executive Order RP-80, 2014). No dollar floor stated in the sources read. No statute covers state or local contractors. Under Executive Order RP-80 (Governor Perry, December 3, 2014), agencies under the Governor’s direction must require their contractors and subcontractors performing work under a services contract to use E-Verify. The Texas Attorney General ruled in 2016 that the later state-agency E-Verify statute (Gov’t Code 673.002) does not replace that contractor part of the order. Gov’t Code ch. 673 itself binds only state agencies as employers. Many agency contracts (e.g., Health and Human Services) carry an E-Verify clause.
Tex. Gov't Code 673.002Tex. Att'y Gen. Op. KP-0070 (2016), quoting the request letter on RP-80
Show the Utah rules
Utah requires private employers with 150 or more employees to verify every new hire through E-Verify (or another allowed system). If you hold a state or local contract won by proposal for work in Utah, you must use it too, and each subcontractor signs an affidavit to the prime that it did. There are no fines, but compliance protects you from state lawsuits over hiring decisions.
- Required for private employers. A private employer with 150 or more employees must register with and use a status verification system for each new employee. The law counts E-Verify, an equivalent federal program, the Social Security Number Verification Service, or an equally reliable independent third-party system. Employers of H-2A or H-2B visa holders they petitioned for are exempt as to those workers.
Utah Code 13-47-201(1) - Public contracts. Contracts awarded by a public employer through a request-for-proposals process (including sole-source contracts) for the physical performance of services in Utah, entered on or after July 1, 2009. ‘Contractor’ covers subcontractors, contract employees, staffing agencies and any tier. Exempt: underwriting, broker-dealer, investment advisory and other financial or investment banking services. The contractor must register and participate in a Status Verification System (E-Verify or an allowed equivalent) for new employees working in Utah. Each contractor verifies only its own new hires. Every subcontractor must certify to the main contractor, by affidavit, that it has verified each of its new employees.
Utah Code 63G-12-302(3)(a)(ii)Utah Code 63G-12-302(3)(b)(ii) - Voluntary state registration (‘Verify Utah’) renewal: 2 years from filing of the registration with the Department of Commerce. If missed: registration expires; the employer drops off the public list (no penalty)
Utah Code 13-47-203(3)
Virginia
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Virginia does not require most private employers to use E-Verify. If you average more than 50 employees and win a state-agency contract over $50,000, use E-Verify for new hires who work on that contract. The law does not name subcontractors, but your contract may. If you do not comply, the state can bar you from its contracts for up to a year, until you enroll.
- Public contracts. Employers averaging more than 50 employees over the prior 12 months that enter a contract over $50,000 with a Commonwealth (state) agency to perform work or provide services. Local-government contracts are not covered by this section. Register and participate in E-Verify to check newly hired employees who will work on the state contract. The duty falls on the contracting employer; the section does not mention subcontractors.
Va. Code 2.2-4308.2(B)Va. Code 2.2-4308.2(B) - Penalties. An employer that does not comply is debarred from contracting with any state agency for up to one year. The debarment ends once it registers and participates in E-Verify.
Va. Code 2.2-4308.2(C)
Vermont
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Vermont has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Washington
Show the Washington rules
Washington has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Wisconsin
Show the Wisconsin rules
Wisconsin has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
West Virginia
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West Virginia has no E-Verify law, and its state contracts law adds none. But every employer must check a worker’s legal status or work authorization before hiring, using documents such as an ID, passport or visa, and keep that proof at the workplace. You may use E-Verify voluntarily under the federal rules; check any government or client contract for an E-Verify clause.
- Verify legal status or authorization to work: before employment begins precondition from decision to hire or contract with the individual. If missed: knowing employment of an unauthorized worker is a misdemeanor (21-1B-5(b)); not keeping proof records is a $100-per-record misdemeanor (21-1B-5(a))
W. Va. Code 21-1B-3(b) - Penalties. No E-Verify penalty. Under the state unauthorized-worker law: knowingly failing to keep proof-of-status records is a misdemeanor, $100 per record. Knowingly employing an unauthorized worker is a misdemeanor: $100 to $1,000 per violation (first), $500 to $5,000 (second), $1,000 to $10,000 and/or 30 days to 1 year in jail (third or later). Third or later convictions can lead to license suspension or permanent revocation.
W. Va. Code 21-1B-5(a)W. Va. Code 21-1B-7(a)
Wyoming
Show the Wyoming rules
Wyoming has no E-Verify law. Private employers, including state and local contractors, may use E-Verify voluntarily, and if they do, only the federal rules apply. Check any government or client contract for an E-Verify clause.
Coming changes
- January 1, 2027, Tennessee. From January 1, 2027, Tennessee’s verification law reaches every private employer with at least one employee. Employers under 35 FTEs can still collect a listed ID document instead of using E-Verify.
- January 1, 2027, Tennessee. From January 1, 2027, if you miss the 45-day deadline to prove compliance after a Tennessee final order, the state will ask your local government to suspend your business license. A third violation makes the suspension permanent.
- January 8, 2027, Federal. If you need E-Verify records from 2016 or earlier, download them by January 8, 2027. E-Verify deletes them on January 11, 2027.
- May 31, 2027, Federal. The older 08/01/23 Form I-9 stays valid until May 31, 2027. Watch USCIS for the next edition before then.
Questions employers ask
Can I run E-Verify on a candidate before I make an offer?
No. Create the case only after the person accepts the offer and Form I-9 is complete. Running applicants breaks the E-Verify agreement, and California law also bars it.
Can I run my current employees through E-Verify?
No, unless a federal contract with the E-Verify clause covers them. Use E-Verify for new hires only, and reverify expiring work permits on Form I-9 Supplement B instead.
Can I let someone go while a mismatch is open?
No. Until the case is final, do not fire, suspend, delay the start date, cut hours or pay, or hold back training because of the mismatch.
What if I created the case late?
Create it anyway. E-Verify asks for the reason for the delay. Days when E-Verify is down do not count toward the three business days.
Does E-Verify replace Form I-9?
No. Every employer completes Form I-9 for every new hire. E-Verify checks the facts on the finished form.
Is this legal advice?
No. The guide states what the program rules, statutes and agencies say, with the source for each. Have counsel review a decision that matters to you.
Sources
- User Manual 3.3
- MOU Art. II.A.13 (rev. 06/01/13)
- E-Verify employee page, How to Process a Mismatch
- User Manual 3.3.1
- User Manual 3.3 (full-manual export, M-775 current as of May 2025)
- E-Verify FAQ
- E-Verify employer page, Tentative Nonconfirmations
- DOJ IER fact sheet, How to Avoid Discrimination in E-Verify
- User Manual 3.3.2
- User Manual 3.3.3
- E-Verify FAQ
- Sample Dual FAN (rev. 6/28/19), p.2
- E-Verify, Employee Rights and Responsibilities
- User Manual 3.4
- User Manual 3.6
- User Manual 4.1.1 closure statements
- User Manual 4.1
- 28 CFR 85.5 Table 1, penalties assessed after July 3, 2025
- DOJ IER home page
- 8 U.S.C. 1324b(a)(5) (U.S. Code 2024 ed., govinfo)
- M-775 3.0 / 3.1
- M-775 3.2
- M-775 3.5
- E-Verify Glossary, "DHS No Show" (page last updated 04/10/2018)
- M-775 1.5 (MUST NOT list)
- M-775 2.2
- M-775 2.1
- 8 CFR 274a.2(b)(1)(iii)
- M-274 4.0
- What's New, E-Verify Resumes Operations (Oct. 9, 2025)
- M-775 2.2.2
- USCIS I-9 Central, Remote Examination of Documents
- 88 FR 47749 (July 25, 2023), DATES
- M-775 4.0
- E-Verify FAQ, posters (updated 10/18/2023)
- USCIS Form I-9 page, Form Details (updated 06/03/2026)
- E-Verify+ page
- E-Verify FAQ
- E-Verify FAQ
- M-274 6.0
- M-274 6.1
- Guidance on Invalidated EADs
- What's New, June 20, 2025
- What's New, Aug. 11, 2026
- M-274 6.2
- M-274 Section 9.0
- E-Verify FAQ
- User Manual 2.4
- User Manual 2.3
- User Manual 2.5
- 48 CFR 22.1803
- Who is Affected by the E-Verify Federal Contractor Rule
- Exemptions and Exceptions
- 52.222-54(b)(1)(i)
- Enrollment Checklist
- Reminder
- Entire Workforce
- 9.4 Updating your Verification Process
- Reminder (January 5, 2024)
- DOJ OSC technical assistance letter, August 24, 2015
- Using an E-Verify Employer Agent
- Quick Reference Guide for Clients of E-Verify Employer Agents, 2.0
- Quick Reference Guide for E-Verify Enrollment 1.4
- FAQ: multiple locations
- 8 CFR 274a.1(g)
- 8 CFR 274a.5
- Ala. Code 31-13-15(b)
- Ala. Code 31-13-9(b)
- Ark. Code 21-3-903(a)(2)(B) (Act 948 of 2025)
- A.R.S. 23-214(A)
- A.R.S. 41-4401(A)(1)
- A.R.S. 23-212(F)(1)(c)
- Cal. Lab. Code 2814(a)(2)
- Cal. Lab. Code 1019(b)(1)(B)
- s. 448.095(2)(b)2., F.S. (2026)
- O.C.G.A. 36-60-6(a), (b), (d)
- O.C.G.A. 13-10-91(b)(1)
- 2026 Iowa Acts, SF 2218, sec. 22 (new Iowa Code 280.37(2))
- Idaho Executive Order 2009-10, para. 5
- 820 ILCS 55/14(a)(1) (added by P.A. 104-455)
- IC 22-5-1.7-11(a)
- La. R.S. 38:2212.10(C)
- Minn. Stat. 16C.075
- RSMo 285.530.2
- RSMo 285.535.4
- Mississippi Employment Protection Act, 2008 Miss. Laws S.B. 2988, s. 2(4)(b)(i) and (7) (codified at Miss. Code Ann. 71-11-3)
- MCA 39-2-1603(1)
- MCA 39-2-1605(1)
- MCA 39-2-1606(1)(c)
- N.C. Gen. Stat. 64-26(a); 64-25(3)-(4)
- N.C. Gen. Stat. 143-133.3(a)
- N.C. Gen. Stat. 143-48.5
- N.C. Gen. Stat. 160A-20.1(b) (same at 153A-449(b))
- N.C. Gen. Stat. 64-26(b)
- Neb. Rev. Stat. 4-114(2)
- Ohio Rev. Code 4151.02(A) (E-Verify Workforce Integrity Act, H.B. 246, 136th G.A., effective March 20, 2026)
- Ohio Rev. Code 4151.07(A)
- 25 O.S. 1313(B)(2)
- Administrative Code of 1929, sec. 2402-C(a)
- Pennsylvania Prevailing Wage Act, sec. 2(5) (43 P.S. 165-2(5))
- S.C. Code Ann. 41-8-20(B)
- S.C. Code 8-14-20(B)
- Tenn. Code Ann. 50-1-703 (Tennessee Lawful Employment Act); TDLWD Employment Verification page
- MTAS-2070
- Tex. Gov't Code 673.002
- Tex. Att'y Gen. Op. KP-0070 (2016), quoting the request letter on RP-80
- Utah Code 13-47-201(1)
- Utah Code 63G-12-302(3)(a)(ii)
- Va. Code 2.2-4308.2(B)
- W. Va. Code 21-1B-3(b)
- W. Va. Code 21-1B-5(a)
- W. Va. Code 21-1B-7(a)
Last reviewed · General information, not legal advice.
