EMPLOYMENT LAW NEWS

E-Verify Poster: Who Needs to Display It?

By Kris Janisch
Published Jan. 14, 2022

E-Verify Poster

At a high level, employers that use E-Verify should ensure their locations display the poster and adhere to the state-level laws that may apply.

The E-Verify poster… Which employers are required to post it? And how does E-Verify work, anyway?

The nationwide E-Verify program helps employers determine whether employees are authorized to work in the U.S. It is voluntary for most employers, but mandatory for some, though many employers have opted to implement E-Verify across their organizations.

Below, we’ll take a look at how E-Verify works, which employers must display the associated labor law posting, and other facets of the program.

E-Verify Poster

First, the E-Verify poster must be displayed by all employers that use the program.

Employers must notify each job applicant of E-Verify participation by displaying the posting, and the Right to Work poster, in English and Spanish. Note that employers cannot use E-Verify to pre-screen applicants.

Displaying the posters in a conspicuous place for prospective employees (and all employees who will go through the system) signifies a notification of participation and compliance with E-Verify requirements.

However, while many large employers opt to use E-Verify, it is mandatory for federal contractors. In addition, E-Verify is mandatory in certain jurisdictions.

Required for most employers:

  • Alabama
  • Arizona
  • Georgia
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee (updated from 50-plus employees to 25-plus employees, effective May 9, 2022)
  • Utah

Meanwhile, other states have different rules regarding E-Verify. California limits its use, for example. Illinois has procedural rules employers must follow.

Elsewhere, some states require E-Verify for state agencies and/or public contractors:

  • Florida
  • Idaho
  • Indiana
  • Michigan
  • Minnesota
  • Nebraska
  • Oklahoma
  • Pennsylvania
  • Virginia
  • West Virginia

Lastly, the city of Fremont, Neb., also requires E-Verify.

Government officials recommend providing a copy of the E-Verify and Right to Work posters with job-application materials, either online or in hard copy.

E-Verify: At a Glance

In existence since 1996, E-Verify is an internet-based system that implements the requirements of Illegal Immigration Reform and Immigrant Responsibility Act. It allows U.S. employers to electronically confirm the employment eligibility of newly hired workers.

The E-Verify program takes information provided on an employee’s I-9 form and compares the information with government data to determine employee eligibility to work.

Results are returned quickly, and the database is available 24-7. Government data covers all U.S. states and territories. It also goes through regular enhancements.

Employers can use E-Verify for free, but some may not use it because of technical issues.

Finally, the poster itself says:

This employer will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security (DHS), with information from each new employee’s Form I-9 to confirm work authorization.

IMPORTANT: If the Government cannot confirm that you are authorized to work, this employer is required to give you written instructions and an opportunity to contact DHS and/or the SSA before taking adverse action against you, including terminating your employment.

Employers may not use E-Verify to pre-screen job applicants and may not limit or influence the choice of documents you present for use on the Form I-9.

To determine whether Form I-9 documentation is valid, this employer uses E-Verify’s photo matching tool to match the photograph appearing on some permanent resident cards, employment authorization cards, and U.S. passports with the official U.S. government photograph. E-Verify also checks data from driver’s licenses and identification cards issued by some states.

If you believe that your employer has violated its responsibilities under this program or has discriminated against you during the employment eligibility verification process based upon your national origin or citizenship status, please call the Office of Special Counsel at 800-255-7688, 800-237-2515 (TDD) or at www.justice.gov/crt/osc.

Conclusion

At a high level, employers that use E-Verify should ensure their locations display the poster and adhere to the state-level laws that may apply.

And as a piece of the compliance puzzle, the E-Verify poster can be tricky to handle, especially for employers that operate across the U.S.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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