Understanding the New Illinois E-Verify Law: Effective January 1, 2025

Starting January 1, 2025, Illinois employers utilizing the federal E-Verify system will face new obligations under amendments to the Right to Privacy in the Workplace Act. This new legislation ensures compliance with state and federal guidelines, promotes fair employment practices, and protects employee rights.

The new regulations are designed to prevent misuse of the E-Verify system while ensuring employees’ rights are respected. By implementing these measures, Illinois reinforces its commitment to fair labor practices and compliance with both state and federal standards.

Although we always encourage employers to seek immigration consuls, we will discuss the main points of the Illinois’ new E-Verify law.

Most employers in Illinois need to ensure they understand that the new requirements will encompass the following:

1. Employers are required to display the following posters in both English and Spanish prominently
   1. The Right to Privacy in the Workplace/E-Verify poster. Click here to download it.
   2. An E-Verify participation poster. Click here to download it.
   3. The Department of Justice Immigrant and Employee Rights Section poster. Click here to download it.
2.  Employers must ensure that all employees utilizing E-Verify complete the mandatory computer-based training provided by the system. Additionally, companies are responsible for preventing any circumvention of this training requirement.
3. Proper Use of E-Verify: To safeguard the integrity of the E-Verify system and avoid misuse, employers are prohibited from:
   1. Pre-screening applicants before extending job offers.
   2. Using E-Verify to screen current employees without proper authorization.
   3. Allowing unauthorized individuals to access E-Verify information.
4. Notification and Attestation: Upon initial enrollment in E-Verify or within 30 days of the new law’s effective date, employers must file an attestation with the Illinois Department of Labor confirming:
   1. Receipt of all relevant training materials.
   2. Commitment to completing the required training.
   3. Proper posting of required notices.
   4. Retention of all training certifications for potential inspection.
5. Addressing Verification Discrepancies: If a discrepancy in employment verification arises, employers must:
   1. Clearly explain the issue to the affected employee.
   2. Provide instructions on how to address and resolve the discrepancy.
   3. Inform the employee of their right to representation.
   4. Upon request, supply the original document causing the discrepancy within seven business days.

What are the steps as an Illinois employer?

1. Familiarize themselves with the new requirements.
2. Train HR staff and any personnel using E-Verify.
3. Update internal policies to reflect compliance with the new law.
4. Ensure all required posters are prominently displayed in both English and Spanish.
5. File the necessary attestation forms with the Illinois Department of Labor.

Further details on Illinois’ new E-Verify law are available on the Illinois Department of Labor E-Verify FAQ page or by contacting a legal professional specializing in employment compliance. We can help!