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E-Verify State-Specific Requirements - Suite Platform

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This article provides a description of E-Verify as it is used in the Avionté Suite platform. E-Verify is also available in the Avionté Web-Based Modules. Visit the E-Verify - Web-Based Modules article for more details.

 

Overview

Several states have enacted legislation that requires the mandatory use of E-Verify. Review your state required regulations and ensure that E-Verify is properly set up. For more information on setting up E-Verify, see the E-Verify: Integration Setup article. 

 

A list of all of the federal, state and county requirements are listed below.

 

 

Federal (All States) Requirements

 
Federal contractors and any of their subcontractors with qualifying contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to confirm employee eligibility to legally work in the United States.

 

State Requirements

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 

everifystates.png

 

 

 

A

darkblue.PNG Alabama

As of April 2012, all Alabama employers are required to use E-Verify.

Also, as a condition for the award of any contract, grant, or incentive by the state or any political subdivision or state-funded entity, all businesses and their subcontractors shall provide documentation establishing that they are enrolled in the E-Verify program and shall use E-Verify during the performance of the contract.

Penalties

Cancellation of state government grants or incentives and suspension or revocation of business license up to 60 days, and possible debarment from state contracts.

A business license can be permanently revoked on a second offense.


 

red.PNG Alaska

No current E-Verify requirements.


 

 

darkblue.PNG Arizona

As of December 31, 2007, all Arizona employers are required to use E-Verify. In addition, government contracts can only be issued to businesses using E-Verify.

 

Penalties

Temporary Arizona business license suspension for ten days upon first offense; permanent Arizona business license suspension upon second offense.

 

 

 

red.PNG Arkansas

No current E-Verify requirements.

 

 

 

C

red.PNG California

Effective Starting Date

October 9, 2011

 

Covered Entities

In October 2011, Gov. Jerry Brown signed AB1236 into law. This law prohibits the state of California and any of its cities, counties, or special districts from requiring an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or other similar laws.

California employers may use E-Verify on a voluntary basis or as required by federal contracts.

 

Penalties

January 1st, 2016 AB622 was put into effect that prohibits employers from using E-Verify to check the employment authorization status of existing employees, or applicants who have not yet been offered employment.

Unless the use of E-Verify is required by federal law or as a condition of receiving federal funds, employers cannot use the system to determine the immigration status of these individuals. AB 622 requires employers using E-Verify to comply with employee notification procedures.

Employers must notify individuals of any notification issued by the Social Security Administration and Department of Homeland Security containing information specific to the employee or applicant’s E-Verify case, or any tentative non-confirmation notice. Employers that violate the new law face steep penalties: Each unlawful use of the E-Verify system can result in civil penalties of up to $10,000.

 

 

 

lightblue.PNG Colorado

Colorado laws concerning public contracts for services became effective in 2006. In 2008 they were amended to exclude certain services. The law requires contractors who enter into or renew public contracts for services with a state agency or political subdivision to participate in either E-Verify or the Colorado Department of Labor and Employment Program.

 

Penalties

Contractors may become ineligible to receive state contracts. The Colorado Secretary of State's Office will post the names of vendors using contractors who knowingly employ illegal aliens to perform work on any public contracts for the state. 

 

orange.PNG Denver, Colorado

As of Oct. 2010, Denver city ordinance requires contractors to use E-Verify to validate new employee employment eligibility as a condition of being awarded a city contract.

 

 

 

red.PNG Connecticut

No current E-Verify requirements.

 

 

 

D

red.PNG Delaware

No current E-Verify requirements.

 

 

 

F

lightblue.PNG Florida

All Florida State Agencies Effective Since January 2011 must: 

  1. Verify the employment eligibility of all new agency employees through the E-Verify system.

  2. Include an express requirement that state contractors utilize the E-Verify system for all new employees hired by the contractor during the contract term.

  3. Include an express requirement that contractors require their subcontractors to utilize the E-Verify system for all new employees hired by the subcontractor during the contract term.

 

Penalties

Possible denial of future county projects.

 

orange.PNG Hernando County, Florida

Contractors and subcontractors doing business with Hernando County are required to use E-Verify to check the employment eligibility of all new hires.

 

orange.PNG Bonita Springs, Florida

Effective since June 2009, Ordinance 09-04 requires any vendor or contractor providing services of $5,000 or more to the city to use E-Verify to confirm the employment eligibility of any person hired during the contract term. 

 

 

 

G

darkblue.PNG Georgia

All Georgia public employers as well as contractors and subcontractors performing services within the state for a public employer are required to use E-Verify for all new employees following a phased – in schedule:

 

On or before January 1, 2012: 

Employers with 500 or more employees. 

 

On or before July 1, 2012:

Employers with more than 100 but fewer than 500 employees.

 

On or before July 1, 2013:

Employers with between 11 and 99 employees
(Private employers with 10 or fewer employees are exempt from the E-Verify requirement.)

 

Penalties

Failure to comply could result in the suspension or denial of a business license, occupational tax certificate, or other document required to operate a business in the state. 

 

 

 

H

red.PNG Hawaii

No current E-Verify requirements.

 

 

 

I

lightblue.PNG Idaho

All state agencies and contractors are required to use E-Verify to ensure that all new employees with any agency of the State of Idaho are eligible for employment under federal and state law. 

Penalties

Immediate cancellation of the contract, reversion of unspent public funds, and monetary penalties. Every contract by a state agency for a state project or service shall include appropriate civil penalties for violating this executive order.

 

 

 

red.PNG Illinois

Prior to voluntarily enrolling in E-Verify, employers are urged to consult the Illinois Department of Labor’s website for current information regarding the accuracy of the program. Additionally, employers are encouraged to review and understand their legal responsibilities relating to the use of the E-Verify Program. Furthermore, the Act prohibits the misuse of E-Verify and places certain training and record keeping requirements on the employer.


The Act requires an employer using the E-Verify Program to attest on a form prescribed by the Department that:

  1. Employer and all employees using the E-Verify Program have received the E-Verify training materials and completed the online computer-based training (CBT) provided by DHS.

  2. Employer has posted in a place that is clearly visible the required notice from DHS indicating that the company is enrolled in the E-Verify Program.

  3. Employer maintains the original signed attestation form, as well as all CBT certificates of completion and makes them available for copying and inspection at the request of the Department.

 

Effective Starting Date

January 1, 2010

 

Covered Entities

All Employers

 

 

 

lightblue.PNG Indiana

As of July 2011, state agencies, political subdivisions, and companies entering into or renewing public contracts must use E-Verify to confirm the work authorization of all new hires. While E-Verify is not mandated for private employers, those who don't use E-Verify may fail to qualify for certain tax credits on state income taxes.

 

 

 

red.PNG Iowa

No current E-Verify requirements.

 

 

 

K

red.PNG Kansas

No current E-Verify requirements.

 

 

 

red.PNG Kentucky

No current E-Verify requirements.

 

 

 

L

darkblue.PNG Louisiana

State contractors are prohibited from bidding or contracting for state work without first submitting an affidavit attesting that they will use E-Verify to confirm the employment eligibility of workers throughout the project.

State contractors must also obtain sworn statements from their subcontractors attesting to the use of E-Verify. The law applies to all contracts entered into or bids offered on or after January 1, 2012.

 

Penalties

Failure to complete the affidavit or use E-Verify as required would cause the work to be terminated and bar the contractor from future bidding or contract work for a period of up to three years.

 

 

 

 

M

red.PNG Maine

No current E-Verify requirements.

 

 

 

red.PNG Maryland

No current E-Verify requirements.

 

 

 

lightblue.PNG Massachusetts

State agencies must use E-Verify to check the employment authorization of new hires. 

 

 

 

red.PNG Michigan

No current E-Verify requirements.

 

 

 

lightblue.PNG Minnesota

Effective July 20th, 2011 state contracts for services in excess of $50,000 require vendors and subcontractors to certify that they have implemented or are in the process of implementing the E-Verify program for all newly hired employees who will perform work under the contract. Contracts entered into by the State Board of Investment are exempted.

 

 

 

darkblue.PNG Mississippi

As of 2011, all public and private employers are required to participate in E-Verify.

 

Penalties

Employers who do not use E-Verify may have all state contracts terminated and become ineligible for public contracts for three years, and/or may have licenses, permits, or certificates suspended for one year. 

 

 

 

lightblue.PNG Missouri

All public employers and all businesses with state contracts or grants in excess of $5,000 are required to use E-Verify.

 

Penalties

A violating 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 three years.

Upon the second violation, the state may permanently debar the company from doing business with the state. 

 

 

 

red.PNG Montana

No current E-Verify requirements.

 

 

 

N

lightblue.PNG Nebraska

Since October 2009, public contractors and their subcontractors, and private employers doing contract work for the state or receiving state economic incentives must use E-Verify to confirm the legal work status of new employees. The law also includes tax incentives for private employers to use E-Verify.

 

Penalties

Loss of eligibility for state contract work and/or state economic incentives.

 

Covered Entities

Effective since March 2012, all employers in Fremont must use E-Verify.

 

 

 

red.PNG Nevada

No current E-Verify requirements.

 

 

 

red.PNG New Hampshire

No current E-Verify requirements.

 

 

 

red.PNG New Jersey

No current E-Verify requirements.

 

 

 

red.PNG New Mexico

No current E-Verify requirements.

 

 

 

red.PNG New York

No current E-Verify requirements.

 

 

 

darkblue.PNG North Carolina

HB 36 (Law 2011 263) mandates that counties, cities, and private employers with 25 or more employees must use E-Verify to confirm the work authorization of new hires.

The law does not apply to seasonal temporary employees who are employed for 90 or fewer days during a 12-consecutive-month period. The Commissioner of Labor may subpoena employment records relating to "the recruitment, hiring, employment, or termination policies, practices, or acts of employment" as part of an investigation of a valid complaint.

 

North Carolina state policy requires each state agency, department, institution, university, community college, local education agency, municipality and county to use E-Verify for all newly hired employees.

Contractors and their sub-contractors who enter into certain contracts with state agencies and local governments must also use E-Verify. The law applies to five categories of public contracts: all city and county contracts; all state contracts subject to Article 3 of Chapter 143 and all state information technology contracts procured by the Office of Information Technology Services; and all contracts subject to G.S. 143-129, which includes purchase contracts with an estimated cost of $90,000 or more, and construction or repair contracts with an estimated cost of $500,000 or more.

 

Penalties

Failure to comply with HB 36 can result in civil fines ($10,000+) and notification to U.S. Immigration and Customs Enforcement and local law enforcement agencies. 

 

 

 

red.PNG North Dakota

No current E-Verify requirements.

 

 

 

O

red.PNG Ohio

No current E-Verify requirements.

 

 

lightblue.PNG Oklahoma

Effective November 1, 2007 for public employers and July 1, 2008 for state contractors. All state and local government agencies and private employers with government contracts are required to use E-verify for all new hires.

 

Penalties

Ineligibility to receive state contracts. 

 

 

 

red.PNG Oregon

No current E-Verify requirements.

 

 

 

P

lightblue.PNG Pennsylvania

Effective since Jan 1, 2013, all public works contractors and subcontractors must use E-Verify to confirm employment eligibility of each new employee.

 

Penalties

First violations incur a warning letter detailing the violation, posted on the website of The Department of General Services of the Commonwealth. On a second violation, the contractor is debarred from public work for 30 days. Upon subsequent violations, the contractor is debarred from public work for 180-365 days. In the case of willful violation, the contractor is debarred from public work for a period of three years. Contractors will also incur a penalty of $250-$1,000 per violation.

 

 

 

R

red.PNG Rhode Island

No current E-Verify requirements.

 

 

 

S

darkblue.PNG South Carolina

All employers are required to enroll in the E-Verify system beginning January 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days of hiring.


Penalties

Possible civil penalty of up to $1,000 per violation and the revocation of the business license. 

 

 

 

red.PNG South Dakota

No current E-Verify requirements.

 

 

 

T

darkblue.PNG Tennessee

January 1, 2017, the General Assembly amended the Tennessee Lawful Employment Law Act (E-Verify Act) in an effort to minimize the compliance burden on small businesses while also strengthening the authority of the Tennessee Department of Labor (TDOL) to pursue flagrant violators.

As amended, the E-Verify Act will require private employers with 50 or more employees to enroll in the E-Verify program. The new E-Verify Act will also require these employers to verify the employment eligibility of new hires through the program.

Employers who knowingly fail to enroll in the E-Verify program will be subject to a $500 penalty. An employer who fails to enroll after having received notice from the TDOL will be subject to an additional $500 daily penalty. In addition, the amended E-Verify Act will allow the TDOL to conduct an investigation to determine an employer's compliance. Employers with six or more (but fewer than 50) employees will remain subject to the current law, which provides the alternative of utilizing E-Verify or requesting and maintaining certain identification documents (i.e., unexpired passports, birth certificates, or state-issued identification).

 

 

 

lightblue.PNG Texas

As of September 1, 2015, state agencies and institutions of higher education are required to use E-Verify. The new law supersedes the December 2014 executive order by former Gov. Rick Perry that required state agencies and sub-contractors to enroll in E-Verify. The new law does not require public contractors to enroll.

 

 

 

U

darkblue.PNG Utah

As of July 1, 2009, public employers and their contractors and subcontractors performing services in the state must use a "status verification system", such as E-Verify or the Social Security Number Verification Service to confirm the employment eligibility for all new hires (as per Senate Bill 81-2010).

Some types of contracted services are exempt from this law (contracts that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking services). As of July 1, 2010, private employers with 15 or more employees must us a "status verification system" such as E-Verify or the Social Security Number Verification Service to confirm the employment eligibility of all new hires (as per Senate Bill 251-2010).

 

Penalties

Ineligibility to enter into state contracts.

 

 

 

V

red.PNG Vermont

No current E-Verify requirements.

 

 

 

lightblue.PNG Virginia

As of December 1, 2012, all state agencies must use E-Verify for new hires.

As of December 1, 2013, any employer with more than an average of 50 employees for the previous 12 months entering into a contract in excess of $50,000 with any state agency must use E-Verify to confirm the work authorization of new hires.

 

Penalties

Any employer, including contractors, found to be in violation shall be debarred from entering into a contract with any state agency for up to one year. The employer shall be released from debarment upon registration and participation in E-Verify. A contractor who fails to enroll and participate in E-Verify may be denied prequalification for contracts.

 

 

 

W

red.PNG Washington

No state-wide E-Verify requirements currently exist. 

orange.PNG Hoquiam, Washington

The Hoquiam City Council passed a resolution that will require the use of the federal E-Verify program to verify that each employee of a contractor and sub-contractor are legally authorized to work in the United States.

 

orange.PNG Pierce County, Washington

Contractors and subcontractors doing business with Pierce County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, 2010.

Penalties

Ineligibility for a Pierce County contract(s).

 

orange.PNG Woodland, Washington

All companies awarded city contracts of $10,000 or more are required to use E-Verify to check the employment eligibility of all employees and enter into a memorandum of understanding (MOU) with the DHS within 60 days of the city extending the contract, effective since February 23, 2011.

Penalties

Contractors who fail to E-Verify or meet the reporting deadlines may be considered in breach of contract and be suspended from bidding on future projects for two years or until they meet the requirements.

 

 

 

red.PNG West Virginia

No current E-Verify requirements.

 

 

 

red.PNG Wisconsin

No current E-Verify requirements.

 

 

 

red.PNG Wyoming

No current E-Verify requirements.


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