All Employers
E-Verify required for all or most private employers
E-Verify laws range from mandatory for all employers to outright restricted. Find your state, understand the penalties, and get compliant — all in one place.
E-Verify is a web-based system operated by USCIS and the Social Security Administration that allows employers to electronically confirm the employment eligibility of newly hired employees.
The system compares Form I-9 data against federal databases to verify identity and work authorization. E-Verify supplements the I-9 process but does not replace it — every employer that uses E-Verify must also complete Form I-9.
At the federal level, E-Verify is voluntary unless you hold a federal contract with the E-Verify clause (FAR 52.222-54). State laws are where the mandates come from — which is the focus of this guide.
Search by state name or scroll through the categories below.
If you operate in any mandatory state, enrolling nationally is simpler than tracking state-by-state. Apply consistently to all new hires.
Your FAR clause may already require E-Verify regardless of state. Review contracts for clause 52.222-54.
Requirements may apply based on where the employee works, not company HQ. Learn about remote verification
Maintain records of E-Verify case numbers, results, and TNC resolutions. States require 3+ years of retention.
No. At the federal level, E-Verify is mandatory only for federal contractors with FAR clause 52.222-54 and employers in certain states. As of 2026, eleven states require E-Verify (or equivalent verification) for all or most private employers: Alabama, Arizona, Florida, Georgia, Louisiana, Mississippi, Montana, North Carolina, South Carolina, Tennessee, and Utah. Ohio requires it for nonresidential construction. All other states either require it for government contractors only or make it voluntary.
Alabama, Arizona, Mississippi, and South Carolina require E-Verify for all employers regardless of size. Florida (25+ employees), Georgia (10+), North Carolina (25+), Tennessee (35+), and Utah (150+) require it for employers above certain thresholds. Louisiana and Montana require employers to use E-Verify or retain work authorization documents. Ohio requires E-Verify for nonresidential construction contractors (effective March 2026).
Penalties vary by state but can include fines from $500 to $10,000 per violation, business license suspension, and in states like Arizona, permanent business license revocation for repeat violations. Federal I-9 penalties for knowingly hiring unauthorized workers range from $716 to $28,619 per worker depending on the offense.
No. California does not require E-Verify and has laws restricting its use. Under Assembly Bill 1236, state and local governments cannot mandate E-Verify for private employers. Employers who voluntarily use E-Verify must apply it consistently to all new hires and cannot use it for pre-screening. Misuse penalties are up to $10,000 per violation.
Texas requires E-Verify for state agencies and state contractors but not for private employers. However, pending legislation (SB 324, introduced 2025) would extend the requirement to all private employers. Federal contractors in Texas must still comply with FAR clause requirements.
No. Form I-9 is required for every new hire in the United States — no exceptions. E-Verify is an additional step that checks I-9 information against federal databases. E-Verify supplements the I-9 process but does not replace it. Every employer that uses E-Verify must also complete Form I-9.
Yes. Any U.S. employer can voluntarily enroll in E-Verify regardless of state requirements. Over one million employers are currently enrolled, and approximately 1,500 new employers enroll each week.
If E-Verify returns a TNC, the employer must notify the employee within the system-generated deadline. The employee then has 8 federal government work days to contact the appropriate agency (SSA or DHS) to resolve the mismatch. Employers cannot take adverse action, delay training, or reduce pay during this period.
Automate E-Verify with your existing HR system. Per-hire pricing, no seat fees.
Understand what E-Verify does and doesn't check — and why it matters.
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