Employment eligibility verification remains a critical component of the hiring process for U.S. employers. While all employers must comply with federal Form I-9 requirements, state lawmakers have increasingly adopted their own rules governing the use of E-Verify, the federal electronic employment eligibility verification system. As a result, employers with workers in multiple states must navigate a growing patchwork of requirements that can differ significantly based on employee work location, company size, industry, and whether the employer contracts with government entities.
Overview of State E-Verify Requirements
State approaches to E-Verify vary widely. Some states, including Alabama, Arizona, Mississippi, and South Carolina, require all employers to use E-Verify for newly hired employees. Other states only require participation once an employer reaches a specified employee threshold, while some impose E-Verify obligations only on public contractors, subcontractors, or employers operating within certain industries. At the same time, several states have enacted laws that limit or regulate the use of E-Verify beyond federal requirements, emphasizing employee protections and anti-discrimination measures.
Understanding Multi-State Compliance Obligations
For employers with remote or distributed workforces, compliance often depends on where an employee physically performs work rather than where the company is headquartered. This distinction can create unexpected obligations for organizations hiring across state lines. In addition, E-Verify requirements continue to evolve as states consider new legislation, modify existing thresholds, and expand enforcement authority. Understanding current requirements and monitoring legislative developments are essential steps in maintaining compliance and reducing hiring-related risk. The following state-by-state reference summarizes current E-Verify requirements, restrictions, enforcement provisions, and notable legislative activity affecting employers across the country.
States Requiring E-Verify for All Employers
Alabama
Alabama requires all newly hired employees to be verified through E-Verify or a state-approved alternative.
Key requirements include:
- Employers with 25 or more employees must use the federal E-Verify system.
- Employers with fewer than 25 employees may use the state’s alternative verification process.
- The requirement applies to all employees hired in Alabama.
Arizona
Arizona requires all employers to use E-Verify for newly hired employees working in the state.
Important considerations:
- The requirement applies regardless of employer size.
- Out-of-state companies may still be subject to Arizona’s law if the employee physically works in Arizona.
Mississippi
Mississippi requires all employers to use E-Verify for newly hired employees working in the state.
Important considerations:
- The requirement applies regardless of employer size.
- Employers located outside Mississippi must still comply if the employee works physically within Mississippi.
South Carolina
South Carolina requires all employers to verify work authorization through E-Verify.
Important considerations:
- The requirement applies to all employers.
- Employers located outside South Carolina must comply if the employee performs work within the state.
States with Employee Threshold Requirements
Several states only require E-Verify once an employer reaches a specified employee count.
Florida
Employers with 25 or more employees must use E-Verify when hiring:
- New employees working in Florida.
- Rehired employees working in Florida.
The 25-employee threshold is based on the employer’s total workforce, not just Florida-based employees.
Georgia
Georgia requires E-Verify for employers with 10 or more employees.
Important notes:
- Employees counted toward the threshold generally work at least 35 hours per week.
- The employee count includes workers both inside and outside Georgia.
- E-Verify must be used for new hires and rehires working in Georgia.
North Carolina
North Carolina requires E-Verify for employers with 25 or more North Carolina employees.
Additional details:
- The threshold applies only to North Carolina employees.
- Seasonal temporary workers employed for 90 days or less during a 12-month period are exempt.
Tennessee
Tennessee requires employers with 35 or more employees nationwide to use E-Verify for newly hired Tennessee employees.
For employers with 5 to 34 employees:
- Maintain copies of the work authorization documents used to complete Form I-9, or
- Enroll in E-Verify.
Enforcement provisions include:
- Potential business license suspension for violations.
- Permanent suspension for repeated violations.
- Beginning January 1, 2027, the threshold will decrease from six employees to one employee.
Utah
Utah requires employers with 150 or more employees to use E-Verify when hiring Utah employees.
Additional considerations:
- The law remains in effect unless Utah’s proposed Guest Worker Program receives federal approval.
- The statute does not clearly define whether the 150-employee threshold applies only to Utah employees or companywide headcount. Risk-averse employers should consider applying the threshold companywide.
States with Industry-Specific or Contractor Requirements
Louisiana
E-Verify is required for certain public contractors and subcontractors working on state projects.
Requirements include:
- Participation in E-Verify or another approved status verification system.
- Certification of compliance when bidding on qualifying public contracts.
- Continued compliance with federal Form I-9 requirements.
Ohio
Ohio’s E-Verify Workforce Integrity Act applies primarily to the construction industry.
Covered entities include:
- Nonresidential contractors.
- Subcontractors.
- Labor brokers supplying construction workers.
Potential consequences for violations include:
- Fines ranging from $250 to $25,000.
- Civil actions.
- Disqualification from state contracts.
States with Restrictions on E-Verify Use
Not all state laws expand E-Verify requirements. Some focus on limiting misuse and protecting employees.
California
California generally restricts mandatory E-Verify requirements at the local level.
Key provisions:
- Cities and counties generally cannot impose E-Verify requirements unless required by federal law.
- Employers may voluntarily participate in E-Verify.
- Participation remains mandatory only where otherwise required, such as certain federal contractor or immigration-related programs.
Illinois
Illinois amended its Right to Privacy in the Workplace Act to address employment verification systems.
Key protections include:
- Employers are generally not required to enroll in E-Verify absent a federal mandate.
- Employers cannot impose verification or reverification procedures beyond those required by federal law.
- Employee protections apply when federal discrepancy notices are received.
Oregon
Oregon’s law focuses on anti-discrimination protections related to employment authorization documentation.
Employers may not:
- Discriminate against employees who update employment authorization records.
- Retaliate against employees based on lawful immigration-status-related documentation changes.
- However, employers may still take actions necessary to comply with federal employment verification requirements.
States Emphasizing Enforcement or Safe Harbor Protections
Indiana
Indiana’s FAIRNESS Act (SEA 76), effective July 1, 2026, does not create a universal E-Verify mandate.
Instead, it:
- Prohibits knowingly hiring unauthorized workers.
- Provides significant safe-harbor protections for employers that use E-Verify.
- Creates a rebuttable presumption of good-faith compliance for participating employers.
Montana
Montana’s LEGAL Act, effective July 1, 2025, increases state-level enforcement related to employment authorization compliance.
The law:
- Requires verification of work authorization before employment begins.
- Establishes escalating penalties for violations.
- Allows possible license suspension for repeat offenders.
- Provides protections for employers acting in good faith.
Federal Considerations: Social Security Number Verification
Although often discussed alongside E-Verify, the Social Security Number Verification Service (SSNVS) is not an employment eligibility verification program.
Employers should remember:
- Federal law does not require SSN verification for tax filing purposes.
- Employers may use SSNVS to verify employee name and Social Security number combinations when preparing Forms W-2.
- SSNVS may not be used to screen job applicants or independent contractors.
- Misuse of SSNVS can create compliance risks.
States with Active or Pending E-Verify Legislation as of July 2026
Several states considered significant E-Verify legislation during 2025-2026.
Florida
HB 197 proposed expanding E-Verify requirements to all private employers regardless of size.
Status:
- Passed the House.
- Died in the Senate Rules Committee.
- May be reintroduced in 2027.
Idaho
Multiple proposals, including HB 704 and SB 1247, sought broader E-Verify mandates.
Potential changes included:
- Universal employer requirements.
- Expanded public employer and contractor mandates.
Most proposals failed to advance before adjournment.
Kansas
Two bills introduced in 2025 would have required E-Verify for all new hires.
Status:
- Failed to pass.
- Potentially subject to future reintroduction.
New York
Several proposals would increase restrictions on employer use of E-Verify.
Proposed legislation would:
- Prevent local governments from mandating E-Verify.
- Restrict verification practices beyond federal requirements.
- Limit pre-employment E-Verify use.
- Expand employee notification requirements.
North Carolina
HB 1214, introduced in May 2026, would:
- Lower the E-Verify threshold from 25 employees to 5 employees.
- Expand enforcement authority.
- Permit random compliance audits.
- Add anti-retaliation protections.
Texas
Multiple bills were introduced during the 2024-2025 legislative sessions to mandate E-Verify.
Status:
- Some proposals advanced in committee.
- No statewide mandate has been enacted.
Wisconsin
AB 281 / SB 287 would have expanded E-Verify use among certain state employers and contractors.
Status:
- Passed the Assembly.
- Ultimately failed following a gubernatorial objection.
Vijay Thakkar has more than 12 years of HR Operations experience, including 8 years helping employers improve their Form I-9 management and E-Verify compliance, especially for mergers & acquisitions, internal and external I-9 audits, training and development, migration to the electronic system, I-9 escalations, quality checks, strategic planning, and building standard operating procedures with a keen interest in US immigration and global mobility.
Prior to joining Experian, Thakkar has served as Levi Strauss & Co’s I-9 subject matter expert, an investigator to the behavioral health unit at the US Army, and Sustainability Analyst at his alma mater the University of Texas at Arlington from where he earned his Master’s in Human Resource Management and MBA.
