According to the law firm of Fisher & Phillips, the states of AK, AZ, CO, GA, MO, MS, OK, SC and RI now require certain employers and state agencies to verify the employment eligibility of new-hires by using the E-Verify System. Additionally:
- TN encourages employers to use E-Verify
- ID, MN, NC, PA and UT mandate that state agencies must use it
- CA, CO, FL, IA, IL, IN, KS, MN, MO, NJ, PA, RI, TN and WV and are considering new immigration laws involving E-Verify
For an overview of the immigration legislation in E-Verify states, or to check for legislation updates or new E-Verify states since this blog was published, refer to State Survey of Immigration Laws by Fisher & Phillips.
President Bush signed an Executive Order that requires Federal contractors to use the E-Verify System. See Federal Contractors must use E-Verify for more about that.
E-Verify stands for Employment Eligibility Verification Program, an Internet-based computer application that allows employers to verify the work-authorization status of newly-hired employees. Its purpose is to help employers avoid violating immigration laws, caused by employing undocumented immigrants.
The Citizenship and Immigration Services (USCIS) agency in the Department of Homeland Security (DHS) operates E-Verify, in partnership with the Social Security Administration (SSA).
Using the E-Verify System was originally voluntary for most employers, but state and Federal governments are increasingly making it mandatory by law for private- or public-sector employers, government contractors, or some combination of same.