Map of States with Mandatory E-Verify Laws

Updated Wednesday, April 8, 2009, 8:26 AM EST - posted on NumbersUSA

E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. It provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. While its usage remains voluntary throughout the country, some states have passed legislation making its use mandatory for certain businesses.

States Requiring the use of E-Verify (Descriptions of each state below)

Find Businesses Already Using the E-Verify Database
Questions and Answers about E-Verify
FACT SHEET: E-Verify

Map of States with In-State Tuition Laws

Arizona

HB 2779 (Arizona Fair and Legal Employment Act) - Passed in 2007, HB 2779 prohibits employers from knowingly hiring undocumented workers and requires all employers to use E-Verify, effective January 1, 2008. It was followed up in 2008 with HB 2745, which prohibits government contracts to any businesses not using E-Verify, effective May 1, 2008.

Arkansas

HB 1093 - Introduced by State Representative Bill Sample, HB 1093 would require state agencies to use E-Verify and prohibit the state from doing business with contractors unless they were registered to use E-Verify. If enacted, the bill will go into effect on July 1, 2009.

Colorado

HB 1343 - Passed in 2006, HB 1343 prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal aliens and requires prospective contractors use E-Verify to ensure legal work status of all employees. In 2008, SB 193 was passed requiring contractors with state contracts to use E-Verify. The effective date for SB 193 is August 6, 2008.

Georgia

SB 529 - Passed in 2006, SB 529 requires public employers, contractors and subcontractors with 500 or more employees to participate in E-Verify for all new employees, effective July 1, 2007. Public employers, contractors and subcontractors with more than 100 employees (but less than 500) must use E-Verify on or before July 1, 2008 and public employers, contractors and subcontractors with fewer than 100 employees must use E-Verify on or before July 1, 2009.

Idaho

Executive Order - In December 2006, Governor Jim Risch issued an executive order, with immediate effect, requiring that state agencies participate in the E-Verify system.

Indiana

SB 580 - Introduced by Senator Mike Delph, SB 580 would require all businesses to use E-Verify and would impose the nation's strictest penalties for employers found guilty of hiring undocumented workers. The effective date for this bill is September 30, 2009.
UPDATED (2/24/09) - SB 580 passed the Indiana Senate by a vote of 37-13 and will move to the State House for further action.

Kansas

SB 580 - Introduced by Senator Peggy Palmer, SB 580 would require businesses to use E-Verify. The bill lost a vote last year, 27-12, but is expected to be re-introduced in 2009.

Minnesota

Executive Order - In January 2008, Governor Tim Pawlenty issued an executive order effective, January 29, 2008, stating that all hiring authorities within the executive branch of state government as well as any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program.

Mississippi

SB 2988 - Passed in 2008, SB 2988 requires public and private employers to participate in E-Verify with a phase in period beginning in 2008 and full participation by 2011. All government agencies and businesses with more than 250 employees were required to comply by July 1, 2008. Companies with 100-250 employees must comply by July 1, 2009, companies with 30-100 employees by July 1, 2010 and the remaining companies by July 1, 2011.

Missouri

HB 1549 - Passed in 2008, HB 1549 requires all public employers to use E-Verify. If a court finds that a business knowingly employed someone not authorized to work, the company’s business permit and licenses shall be suspended for 14 days. Upon the first violation, the state may terminate contracts and bar the company from doing business with the state for 3 years. Upon the second violation, the state may permanently debar the company from doing business with the state.

Nebraska

LB 403 - Passed in April 2009, LB403 requires the mandatory use of E-Verify for all state employers and contractors. It also requires the use of E-Verify for any private employers who request state tax incentives.

North Carolina

SB 1523 - Passed in 2006, SB 1523 requires all state agencies, offices, and universities to use E-Verify. The law applied to all employees hired after January 1, 2007 except for local education agencies which was March 1, 2007.

Oklahoma

HB 1804 (Oklahoma Taxpayer and Citizen Protection Act) - Passed in 2007 and made effective on November 1, 2007, HB 1804 requires public employers, contractors and subcontractors to participate in E-Verify and requires income tax withholding for independent contractors who do not have valid Social Security numbers.

Rhode Island

Executive Order - In March 2008, Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify. Proposed House legislation is pending.

South Carolina

HB 4400 - Passed in 2008, HB 4400 requires the mandatory use of E-Verify for all employers by July 1, 2010. All public employers, private employers with more than 100 employees and public contractors with more than 500 employees were required to comply by January 1, 2009. All private employers must comply by July 1, 2009 and all other all businesses by January 1, 2010.

Utah

SB 81 - Passed in 2008 and made effective on July 1, 2009, SB 81 requires public employers, public contractors and subcontractors to E-Verify and makes it illegal to discharge a lawful employee while retaining an unauthorized alien in the same job category.