North Carolina Employment Attorney

The use of the E‐Verify system, while not currently mandatory for ALL U.S.
businesses, is required in some form in many states, and its use is encouraged
by the U.S. Government to help ensure a higher level of compliance. While
E-Verify usage remains voluntary throughout the country, some states have passed
legislation making its use mandatory for certain businesses. Here is a list of
U.S. states with mandatory E-Verify laws:

Arizona

The Legal Arizona Workers Act provides sanctions (including revocation of
business licenses) for employers who knowingly employ an unauthorized alien.
Section 23-214 of the Act mandates that employers use the federal government’s
E-Verify system for all new hires, effective January 1, 2008. Additionally,
Arizona law provides that after September 30, 2008, no government contract will
be awarded to any businesses not using E-Verify. There are no specific penalties
for failing to use the E-Verify system. However, use of this system creates a
rebuttable presumption that the employer did not “knowingly” or “intentionally”
hire an unauthorized alien.

Colorado

Effective January 1, 2007, Colorado law provides a second tier of potential
penalties for employers who hire unauthorized workers and creates an additional
attestation requirement during the I-9 process. Additionally, effective August
7, 2006, Colorado law requires that government contractors use E-Verify and
obtain certification from subcontractors that the subcontractors will not
knowingly employ or contract with unauthorized workers in connection with work
under the contract. Potential penalties for violation of this provision include
debarment from contracting with the state for 2 years.

Georgia

The Georgia Security and Immigration Compliance Act (the “Act”) requires public
employers, contractors, and subcontractors with 500 or more employees to
participate in E-Verify for all new employees, effective July 1, 2007. Public
employers, contractors, and subcontractors with more than 100 employees (but
less than 500) must use E-Verify, effective July 1, 2008 and public employers,
contractors, and subcontractors with fewer than 100 employees must use E-Verify,
effective July 1, 2009.

Idaho

Executive Order: In December 2006, Governor Jim Risch issued an executive order,
with immediate effect, requiring that state agencies and government contractors
participate in the E-Verify system.

Minnesota

Executive Order: In January 2008, Governor Tim Pawlenty issued an executive
order effective, January 29, 2008, stating that all hiring authorities within
the executive branch of state government as well as any employer seeking to
enter into a state contract worth in excess of $50,000 must participate in
http://www.i-9compliance.com/” title=”The E-Verify Program”>the
E-Verify program. Additionally, use of E-Verify is a factor considered in
assessment of eligibility for state business subsidies.

Mississippi

The Mississippi Employment Protection Act requires public and private employers
to participate in E-Verify with a phase in period beginning in 2008 and full
participation by 2011. All government agencies, public contractors and
subcontractors, and businesses with more than 250 employees are required to
comply, effective July 1, 2008. Companies with 100-250 employees are
required to comply, effective July 1, 2009, companies with 30-100 employees by July 1, 2010, and the remaining companies by July 1, 2011.

Missouri

Effective January 1, 2009, Missouri law requires government contractors with
contracts worth more than $5,000 and entities receiving state tax
credits/abatements or loans to use E-Verify. Potential penalties for violations
include termination of the contract and debarment from doing business with the
state, The law also allows the state to suspend or revoke the business license
of any Missouri entity if found to have knowingly hired an unauthorized worker.

Nebraska

Effective October 1, 2009, Nebraska law requires public employers, state and
local government contractors and employers receiving certain state tax
incentives to use E-Verify.

North Carolina

Effective January 1, 2007 (and March 1, 2007 for local education agencies),
North Carolina law requires all state agencies, offices, and universities to use
E-Verify.

Oklahoma

Oklahoma law requires government contractors to use either E-Verify or another
similar system to confirm the employment eligibility of new hires for contracts
entered into on or after July 1, 2008. This law was enjoined on June 4, 2008 and
the injunction lifted as to the E-Verify provision on February 2, 2010.

Rhode Island

Executive Order: In March 2008, Governor Carcieri issued an executive order
requiring state agencies and those who contract with the state, including
grantees, contractors, and their subcontractors and vendors to use E-Verify.

South Carolina

Effective July 1, 2010, the South Carolina Illegal Immigration Reform Act
requires all employers to either use E-Verify or employ only workers who have a
valid South Carolina driver’s license or ID card, are eligible to obtain a South
Carolina driver’s license or ID card, or who possess a license or ID card issued
by another state with license requirements that are at least as strict as South
Carolina’s. All government contractors and subcontractors (defined as those with
contracts worth more than $25,000, if with the state, or $15,000, if with a
political subdivision of the state) were required to comply, effective January
1, 2010. All employers with 100 or more employees were required to comply,
effective July 1, 2009. All government contractors and subcontractors with 500
or more employees were required to comply by January 1, 2009.

Utah

Effective July 1, 2009, Utah law requires public employers, public contractors,
and subcontractors to use E-Verify or a similar system and makes it illegal for
any employer to discharge a lawful employee while retaining an unauthorized
alien hired after July 1, 2009 working in the state in a similar job category.
Effective July 1, 2010, all private employers with 15 or more employees must
register for and use a status verification system such as E-Verify or a similar
system. There are no penalties for violation of this provision but the law
provides a safe harbor from civil liability under state law for hiring or firing
an employee as a result of the status verification results.

Originally published here.

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