Employment Law

Who Is Required to Use E-Verify: Employers and States

Discover which employers and states are required to use E-Verify, a federal program for verifying employment eligibility.

Introduction to E-Verify

E-Verify is a federal program that enables employers to verify the employment eligibility of their employees. The program is administered by the U.S. Citizenship and Immigration Services (USCIS) and is designed to help employers comply with federal immigration laws.

By using E-Verify, employers can quickly and easily verify the employment eligibility of their employees, reducing the risk of hiring unauthorized workers and minimizing the potential for fines and penalties.

Employers Required to Use E-Verify

Certain employers are required to use E-Verify, including federal contractors and subcontractors, as well as employers in certain states that have enacted E-Verify laws. Additionally, employers with 10 or more employees in Arizona, Georgia, and Mississippi are required to use E-Verify.

Employers who are not required to use E-Verify may still choose to participate in the program voluntarily, as a way to ensure compliance with federal immigration laws and to reduce the risk of hiring unauthorized workers.

States with E-Verify Laws

Several states have enacted laws that require employers to use E-Verify, including Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. These laws vary by state, but generally require employers to use E-Verify to verify the employment eligibility of new hires.

Some states also require employers to use E-Verify for existing employees, although this is less common. Employers who are subject to state E-Verify laws must comply with the requirements of the law, which may include verifying the employment eligibility of all new hires within a certain timeframe.

Benefits of Using E-Verify

Using E-Verify can provide several benefits to employers, including reducing the risk of hiring unauthorized workers and minimizing the potential for fines and penalties. E-Verify can also help employers to ensure compliance with federal immigration laws and to maintain a legal and authorized workforce.

Additionally, E-Verify can help employers to streamline their hiring process and to reduce the administrative burden associated with verifying employment eligibility. By using E-Verify, employers can quickly and easily verify the employment eligibility of their employees, without the need for manual paperwork or documentation.

Penalties for Non-Compliance

Employers who are required to use E-Verify but fail to do so may be subject to penalties, including fines and debarment from federal contracts. Employers who are found to have knowingly hired unauthorized workers may also be subject to criminal penalties, including imprisonment and fines.

To avoid these penalties, employers must ensure that they are complying with all applicable E-Verify laws and regulations, including verifying the employment eligibility of all new hires and maintaining accurate records of their E-Verify activities.

Frequently Asked Questions

What is E-Verify and how does it work?

E-Verify is a federal program that enables employers to verify the employment eligibility of their employees. It works by comparing the information provided by the employee with data from the Social Security Administration and the Department of Homeland Security.

Which employers are required to use E-Verify?

Federal contractors and subcontractors, as well as employers in certain states with E-Verify laws, are required to use E-Verify. Additionally, employers with 10 or more employees in Arizona, Georgia, and Mississippi are required to use E-Verify.

What are the benefits of using E-Verify?

Using E-Verify can help employers to reduce the risk of hiring unauthorized workers, minimize the potential for fines and penalties, and ensure compliance with federal immigration laws.

Can employers use E-Verify for existing employees?

Some states require employers to use E-Verify for existing employees, although this is less common. Employers should check the laws in their state to determine if they are required to use E-Verify for existing employees.

What are the penalties for non-compliance with E-Verify laws?

Employers who are required to use E-Verify but fail to do so may be subject to fines, debarment from federal contracts, and criminal penalties, including imprisonment and fines.

How do I get started with E-Verify?

To get started with E-Verify, employers must register for the program and complete the necessary training and setup. Employers can visit the USCIS website for more information on how to get started with E-Verify.