EVERIFY

E-Verify & State Laws In recent years, many states have been joining the ranks of immigration enforcement. More specifically, many states have adopted legislation which requires E-Verify participation. The rules of each state vary. Some require only public employers or state contractors to use E-Verify. Others require all employers doing business in the state to participate in E-Verify. E-Verify is a federal program which allows employers to verify the employment eligibility of new hires against federal databases. Although E-Verify is a voluntary federal program, many states now require employers with businesses in the state to enroll and participate in E-Verify. E-Verify not only compares I-9 data to federal databases, but it also provides photos to allow employers to perform photo matches as well. Please see the map below to view the state specific laws. = E-Verify Required = Local Ordinances ALABAMA NEBRASKA ARIZONA NORTH CAROLINA GEORGIA OKLAHOMA INDIANA RHODE ISLAND MINNESOTA SOUTH CAROLINA MISSISSIPPI TENNESSEE  E-Verify & State Laws ALABAMA AS OF APRIL 1, 2012, EVERY BUSINESS ENTITY OR EMPLOYER IN THE STATE OF ALABAMA WILL BE REQUIRED TO ENROLL IN E-VERIFY. FAILURE TO DO SO IS A VIOLATION OF STATE LAW. PENALTIES MAY INCLUDE SUSPENSION OR REVOCATION OF AN ENTITY’S BUSINESS LICENSE OR PERMIT. ARIZONA LAW: HB 2779 ALL EMPLOYERS MUST VERIFY NEW HIRE USING E-VERIFY. GEORGIA LAW: HB 87 PRIVATE EMPLOYER WITH MORE THAN 10 EMPLOYEES MUST E-VERIFY. 500+ EMPLOYEES JANUARY 1, 2012 100-499 EMPLOYEES JULY 1, 2012 11-99 EMPLOYEES JULY 1, 2013 INDIANA LAW: SB590 REQUIRES STATE AGENCIES, POLITICAL SUBDIVISIONS, CONTRACTORS WITH PUBLIC CONTRACTS, AND CERTAIN BUSINESS ENTITIESTO USE E-VERIFY. MINNESOTA LAW: APPROPRATIONS BILL 11-3590 ALL EMPLOYERS WHO PERFROM STATE CONTRACTS FOR SERVICES MUST VERIFY NEW EMPLOYEE’S WORK AUTHORIZATION FOR ALL STATE CONTRACTS THAT ARE WORTH MORE THAN $50,000, AND THEY MUST USE FEDERAL GOVERNMENT’S E-VERIFY PROGRAM TO ENSURE THE EMPLOYMENT ELIGIBILITY OF NEW EMPLOYEES. LAW: EO 08-01 STATE AGENCIES MUST USE E-VERIFY. MISSISSIPPI LAW: SB 2988 E-VERIFY NEW HIRES.  E-Verify & State Laws MISSOURI LAW: EO 07-13 STATE CONTRACTORS MUST CERTIFY EMPLOYEES PERFORMING WORK ON STATE CONTRACTS ARE ELIGIBLE TO WORK IN THE U.S. LAW: HB1549T PUBLIC EMPLOYERS ARE REQUIRED TO E-VERIFY; PRIVATE EMPLOYERS MAY E-VERIFY. NEBRASKA LAW: LB 403 PUBLIC EMPLOYERS AND PUBLIC CONTRACTORS (FOR CONTRACTS AWARDED AFTER THE EFFECTIVE DATE0 REQUIRED TO ENROLL AND PARTICIPATE IN E-VERIFY FOR EMPLOYEES PHYSICALLY PERFORMING WORK IN NEBRASKA. NORTH CAROLINA LAW: SB 1523 ALL STATE AGENICIES MUST E-VERIFY ALL EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2007, EXCEPT FOR EMPLOYEES OR LOCAL EDUCATION AGENCIES HIRED ON OR AFTER MARCH 1, 2007. LAW: H.B. 36 ALL CITIES, COUNTIES, AND BUSINESSES IN THE STATE EMPLOYING 25 OR MORE MUST USE E-VERIFY BY THE APPLICABLE DATE: 500+ OCTOBER 1, 2012 100-499 JANUARY 1, 2013 25-99 JULY 1, 2013 AGRICULTURAL COMPANIES HIRING SEASONAL WORKERS FOR 90 DAYS OR LESS DURING A 12 CONSECUTIVE MONTH PERIOD WILL BE EXEMPT. OKLAHOMA LAW: HB 1804 PUBLIC EMPLOYERS MUST E-VERIFY NEW HIRES; STATE CONTRACTORS PHYSICALLY PERFORMING SERVICE IN THE STATE, MUST E-VERIFY NEW HIRES. RHODE ISLAND LAW: EO 08-01 RI DEPARTMENT OF ADMINISTRATION SHALL PARTICIPATE IN E-VERIFY; CONTRACTORS, VENDORS, ETC., DOING BUSINESS WITH THE STATE MUST E-VERIFY.  E-Verify & State Laws SOUTH CAROLINA LAW: SC H 4400 PUBLIC EMPLOYERS MUST E-VERIFY. LAW: S.B. 20 EMPLOYERS MANY NO LONGER CONFIRM NEW EMPLOYEES’ EMPLOYMENT AUTHORIZATION WITH A DRIVER’S LICENSE OR STATE I.D. CARD. ALL EMPLOYERS MUST REGISTER AND PARTICIPATE IN THE U.S. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM BEGINNING JANUARY 1, 2012. TENNESSEE LAW: HB 0111 E-VERIFY REQUIRED. UTAH LAW: SB 81 REQUIRES PUBLIC EMPLOYERS AND STATE CONTRACTORS PERFORMING WORK PHYSICALLY WITHIN THE STATE TO REGISTER AND USE E-VERIFY. LAW: SB 39 REQUIRES ALL EMPLOYERS WITH 15+ EMPLOYEES TO USE E-VERIFY.