Indiana FAIRNESS Act Compliance Checklist: 30 Days to July 1
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Whether you are required to use E-Verify depends on where you operate, who you do business with, and — increasingly — what industry you are in. E-Verify is a federal program that compares employee data from Form I-9 against government databases to confirm work authorization — not a background check. For most private employers, it is voluntary. But that is changing fast.
State legislatures have been steadily expanding E-Verify mandates, with new laws taking effect in 2025 and 2026. Federal contractors have been required to use it for years. And even employers who are not legally required to enroll are choosing to do so for the compliance protection it provides. This guide explains who must use E-Verify, who should consider it, and how to determine what applies to your business.
At the federal level, E-Verify is not mandatory for most private employers. However, two categories of employers are required to use it:
If your company holds a federal contract, check whether the FAR E-Verify clause (FAR 52.222-54) is included. If it is, E-Verify enrollment is a condition of the contract — not optional. The Department of Homeland Security (DHS) provides a supplemental guide for federal contractors with detailed requirements.
This is where requirements get complicated. A growing number of states have passed laws requiring some or all employers to use E-Verify. The scope varies significantly — some states mandate it for all private employers, others only for public employers and state contractors, and some apply it to specific industries.
Several states require E-Verify for all or nearly all private employers, including:
For a comprehensive breakdown of every state's requirements — including effective dates, employer size thresholds, and penalties — see our full guide: What States Require E-Verify?
Many additional states require E-Verify only for state agencies, public employers, and/or companies that hold state or local government contracts. These include Colorado, Idaho, Indiana, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Pennsylvania, Texas, Utah, Virginia, and West Virginia, among others. If your company bids on government contracts in any state, check whether E-Verify enrollment is a contract condition.
Not sure if E-Verify applies to you? Use our free I-9 Risk Calculator to assess your compliance exposure, or schedule a free compliance call to discuss your specific situation with our team.
Beyond state-wide mandates, some states have passed industry-specific E-Verify laws. The most significant recent example:
Ohio's E-Verify Workforce Integrity Act (HB 246), signed December 19, 2025, requires E-Verify for all nonresidential construction contractors, subcontractors, and labor brokers. This covers commercial buildings, highways, bridges, utilities, and public works. Residential construction, agricultural structures, and mobile homes are exempt. Penalties range from $250 to $1,500 per violation, escalating to $5,000–$25,000 for continuing to employ a worker after a Final Nonconfirmation.
For full details, see our Ohio E-Verify Construction Mandate compliance guide.
Indiana's FAIRNESS Act (Senate Enrolled Act 76), signed by Governor Mike Braun on March 5, 2026, takes effect July 1, 2026 and applies to all Indiana employers regardless of size or industry. The law prohibits knowingly or intentionally hiring, recruiting, or continuing to employ unauthorized workers. Penalties include civil fines up to $10,000, a 5-business-day suspension of operating authority for first offenses, and permanent revocation of operating authority for repeat violations. E-Verify use creates a rebuttable presumption that the employer did not knowingly hire an unauthorized worker — the statute's strongest safe harbor.
For full details, see our Indiana FAIRNESS Act compliance guide.
Other states with industry-specific mandates include Texas (certain industries and licensing requirements) and several states that mandate E-Verify specifically for staffing agencies or agricultural employers.
Some cities and counties have their own E-Verify requirements that go beyond state law. These are easy to miss because they are not covered by state-level mandates. Notable local ordinances include:
Check with your city or county clerk's office to confirm whether any local E-Verify ordinances apply to your business.
Even if no federal, state, or local law requires your company to use E-Verify, there are strong reasons to enroll voluntarily:
“Most employers who come to us voluntarily are motivated by one of two things — either they want the legal protection that comes with good-faith E-Verify use, or they need the remote verification option for their distributed workforce,” says Patricia, Director of Compliance at i9 Intelligence. “Either way, they find that E-Verify combined with a strong I-9 process gives them confidence that their hiring is clean and defensible.”
If you are unsure whether your company is required to use E-Verify, start with these steps:
Whether you need to enroll in E-Verify for the first time, want to understand your state's requirements, or are looking for a better way to manage E-Verify alongside your I-9 process, our compliance team is here to help.
Or schedule a free compliance call to discuss your E-Verify obligations and learn how i9 Intelligence can simplify the process.