State Requirements

What Are The States That Require The Use Of E-Verify?

Hiring the right employees is critical—but so is making sure they're legally authorized to work in the U.S. That’s where E-Verify comes in. This government-run system helps employers confirm work authorization, and while it remains voluntary at the federal level, many states have made it mandatory for certain businesses.

If you're hiring in 2025, you need to know whether your state requires E-Verify—or risk fines, penalties, or even losing your business license.

What Is E-Verify?

E-Verify is an online system operated by U.S. Citizenship and Immigration Services (USCIS). It cross-checks employee-provided information from Form I-9 against records from the Social Security Administration (SSA) and Department of Homeland Security (DHS) to confirm work eligibility.

Important Notes on E-Verify Compliance

  • E-Verify does NOT replace Form I-9—you must still complete Form I-9 for every new hire.
  • If you use E-Verify, it must be for ALL new hires, not selectively.
  • E-Verify cannot be used as a pre-screening tool—you can only verify employees after they have accepted a job offer.
  • Tentative Non-Confirmations (TNCs) must be handled correctly—you cannot fire or take adverse action against an employee based on a TNC alone.

States Where E-Verify Is Mandatory

E-Verify requirements vary by state. Some states mandate it for all employers, while others require it only for public contractors. Here’s a breakdown of where E-Verify is required in 2025:

States Where E-Verify Is Required for ALL Employers

These states mandate E-Verify for all private and public employers, regardless of size:

  • Alabama
  • Arizona
  • Mississippi
  • South Carolina
  • Georgia (for employers with more than 10 employees)
  • North Carolina (for employers with 25+ employees)
  • Tennessee (for employers with 35+ employees)
  • Utah (for private employers with 15+ employees)
  • Florida (as of July 1, 2024, for employers with 25+ employees)

States Where E-Verify Is Required for Public Contractors & State Agencies

These states do not require E-Verify for all businesses, but they mandate it for state contractors, subcontractors, and government agencies:

  • Colorado – Required for public contractors.
  • Idaho – Required for state contractors and subcontractors.
  • Indiana – Required for state/local government agencies and their contractors.
  • Louisiana – Applies to contractors and subcontractors bidding on public works projects.
  • Michigan – Required for state contractors and transportation department contracts.
  • Minnesota – Required for public contractors with contracts over $50,000.
  • Missouri – Applies to public employers and businesses awarded state contracts over $5,000.
  • Nebraska – Mandates E-Verify for public contractors and businesses receiving tax incentives.
  • Oklahoma – Required for state agencies, public contractors, and subcontractors.
  • Pennsylvania – Required for public works contractors with projects over $25,000.
  • Texas – Applies to contractors and subcontractors working with the transportation department.
  • Virginia – Required for state agencies and public contractors with 50+ employees and contracts over $50,000.
  • West Virginia – Required for state employers working on capitol grounds.

States That Restrict or Do Not Require E-Verify

While most states allow or mandate E-Verify, California is the only state that actively restricts its use.

  • California – Prohibits state agencies and local governments from requiring private businesses to use E-Verify as a condition for contracts or business licenses. However, some cities and counties may have different requirements.

Note: While other states do not have statewide mandates, some local jurisdictions may impose E-Verify rules at the city or county level. Always check your local regulations.

Best Practices for Employers Using E-Verify

Even if your state doesn’t require E-Verify, you might still choose to use it. However, misusing E-Verify can lead to discrimination claims, audits, and penalties. Here’s how to stay compliant:

  • Only run E-Verify AFTER the employee has completed Form I-9—never before hiring.
  • Ensure consistency—if you use E-Verify, you must use it for all new hires, not selectively.
  • Follow TNC (Tentative Non-Confirmation) procedures—give employees a chance to contest mismatches.
  • Keep records—print and store E-Verify case results as part of your Form I-9 compliance.

Stay Compliant

E-Verify is here to stay, and state laws are evolving. Whether you’re required to use E-Verify or choose to enroll voluntarily, staying compliant is critical to avoid fines and legal trouble.

Need help managing I-9 compliance and E-Verify? i9 Intelligence provides cloud-based solutions that make the process seamless, secure, and stress-free. Contact us today to ensure your hiring practices meet federal and state regulations.

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