E-Verify and Right to Work Notices Right To Work poster was recently updated in April 2019

What is E-Verify?

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

What is required of federal contractors?

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

# State Citation Year Applies to
1 Alabama H56 2011 All employers, public and private
HB658 2012 Contractors and subcontractors; prime contractors not liable for subcontractor complying with E-Verify unless they know of the violation
2 Arizona HB 2779 2007 All employers, public and private
HB 2745 2008 Prohibits government contracts to any businesses not using E-Verify
3 Colorado HB 1343 2006 State and local government contractors.
SB139, SB193 2008 Contractors with state and local government are required to be enrolled with either E-Verify, or the Colorado Department of Labor and Employment Program (“Department Program”).
4 Florida EO 11-02 2011 State agencies, public employers, and government contractors
EO 11-116 E-Verify requirement for FL state contractors applies to "all contracts for the provision of goods and services to the state in excess of nominal value."
5 Georgia SB 529 2006 Public employers, contractors, and subcontractors with over 500 employees.
HB 2 2009
SB 447 2010
HB 87 2011 Private employers more than 10 employees (phase in by July 1, 2013)
HB 742 / HB 1027 2012
6 Idaho EO 2009-10 2009 State agencies, public employers, and government contractors
7 Indiana ESB 590 2011 State agencies, public employers, and government contractors. State tax credit incentive for private employers who use E-Verify.
8 Kansas Executive Order by OSS 2011 Only the Office of the Secretary of State has required all contractors with that office to use E-Verify. The rest of Kansas state government has declined to follow.
9 Louisiana HB 342 2011 All state and local government contractors
HB 646 2011 This requires public and private employers to either use E-Verify or check and retain acceptable work authorization documents. Those using E-Verify are not subject to civil penalties if an employee is later found to be working unlawfully.
10 Michigan HB 5365 2012 Only Oakland, Macomb, and Ingham counties require public employers to use E-Verify for all new employees. Additionally, country service contractors within Oakland county must use E-Verify.
11 Minnesota EO / State Budget 2011 All state agencies and companies seeking a state contract in excess of $50,000
12 Mississippi SB 2988 2008 All employers, public and private, by July 2011
13 Missouri HB 1549 2008 All public employers and business entities receiving a state contract or grant in excess of $5,000 or a state-administered tax credit, tax abatement, or loan from the state
HB 390 2009
14 Nebraska L403 2009 State and local government agencies, public employers and government contractors
15 New York 2008 The village of Suffern, New York requires any new contractors with the village to use E-Verify for all new employees.
16 North Carolina SB 1523 2006 All State Agencies, Offices, and Universities by 3/1/07
HB 36 2011 All counties, cities and private employers with more than 25 employees to use E-Verify by 07/2013
HB 318 2015 All State and Local Government Contractors. Seasonal workers are not required to be verified through E-Verify.
17 Oklahoma HB 1804 2007 State agencies, public employers and government contractors
18 Oregon All county employers within Columbia County
19 Pennsylvania SB 637 2011 Government contractors with contracts of $25,000 or greater
20 South Carolina HB 4400 2008 ALL Private and Public Employers
SB 20 2011 Civil penalties for noncompliance punishable by loss of business license
HB 4813 2012 Establishes a 24-hr hotline to report E-Verify violations
21 Tennessee HB1378 2011 All private employers with more than 6 employees must use E-Verify for all new hires or use alternative methods to verify work authorization
SB 196 2016 Under the new law, employers with 50 or more employees must enroll in and use the federal E-Verify program to verify the work authorization status of employees hired on or after January 1, 2017.
22 Texas RP 80 2014 State agencies, institutions of higher education, government contractors (at least with respect to those employees assigned to the government contract.)
23 Utah SB 81 2008 Public employers, contractors, subcontractors
SB 39 2009
HB 251 2010 Private employers with more than 15 employees
HB 116 2011
24 Virginia H 737 2010 State agencies, public employers and contractors with at least 50 employees and a contract worth at least $50,000
HB 1859 2011
SB 1049 2011
25 Washington Local Ordinances Washington does not have a statewide E-Verify requirement. However, several cities and counties have enacted their own legislation (Hoquiam, Kennewick, Yakima, Lakewood, etc).
26 West Virginia SB 659 2012 Public Employers, Government Contractors