I thought it would be helpful to spend some time recapping which states mandate E-Verify for private employers. I stress “private” because states also mandate the use of E-Verify by public employers, in other words, employers who have a contract with the state, but that’s a topic for another day. One interesting point in the immigration frenzy is that the number of immigration related bills introduced in state legislatures has fallen in 2012 from the year before, according to the National Conference of State Legislatures (NCSL). Notwithstanding this fall in the number of immigration bills, employment related measures continue to be a top priority for states.
According to NCSL, 119 “bills were introduced in 35 state legislatures: Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Minnesota, Missouri, Mississippi, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and West Virginia. Some of these bills would penalize businesses that employ unauthorized immigrants or would require the use of an electronic employment verification system (such as E-verify). Other bills would limit immigrants’ eligibility for unemployment benefits, grant bargaining rights to immigrant farm laborers or create a guest worker program.”
Presently, if you operate in one of the below listed states, you should be using E-Verify for new hires, preparing to do so in the near future or using a state prescribed employment authorization system. For instance, Utah allows employers to use either E-Verify or the Social Security Number Verification System (SSNVS).
- Alabama
- Arizona
- Colorado — state has a quirky affidavit requirement instead of mandating E-Verify
- Georgia — because my firm’s main office is located in Atlanta, Georgia, I provide a link to the E-Verify requirements
- Indiana
- Louisiana
- Mississippi
- North Carolina
- South Carolina
- Tennessee
- Utah
Note that this is not an exhaustive list as some local jurisdictions have instituted E-Verify mandates as well, and likely the list of states will increase. The moral of the story is, if you operate in a state which has an E-Verify mandate you need to know what is required of your company. LawLogix has a great map breaking down the state E-Verify requirements in case you are interested. If you are uncertain, speak to immigration counsel and also feel free to send me an email.