EMPLOYMENT LAW NEWS
Legislative Scoop: What’s Happening With E-Verify Requirements
By Jana Bjorklund, GovDocs Senior Counsel and Director
Employment Law and Compliance
Published April 22, 2025
There has been an increase in pending legislation recently regarding the use of E-Verify which may be driven from the Trump administration’s stance on immigration. Check out our latest Legislative Scoop article to stay informed on the updates — and what it could mean for employers.
What is E-Verify?
E-Verify is a federal employment verification internet-based system that employers may use to electronically confirm the employment eligibility of new hires. The E-Verify system compares an employee’s information on their I-9 form with the records at the Department of Homeland Security and the Social Security Administration. All employees must complete a form I-9 by their first day of employment to verify their eligibility to work in the United States. But not all employers are required to use the E-Verify system.
Who Must Use E-Verify?
Federal contractors with qualifying contracts must use E-Verify to confirm the employment eligibility status of employees. Nine states currently require private employers to use E-Verify: Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah.
The requirements for private employers vary from state to state. Some states that require the use of E-Verify apply the law to all private employers, while others are only required to use it if they have a certain number of employees.
For example:
- Florida requires that private employers with 25 or more employees must use E-Verify.
- In Georgia, the law applies to private employers with 11 or more employees.
- North Carolina, Tennessee, and Utah also have a number of employee threshold levels before they are required to use E-Verify.
Illinois is a state that does not require employers to use the E-Verify system. However, the state recently passed legislation under its Right to Privacy Act requiring employers who use the E-Verify system to post in their workplace the Illinois Right to Privacy in the Workplace/E-Verify poster in addition to the required federal posters.
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Posting Requirements for Employers who use E-Verify
Employers who use E-Verify are all required to display two posters in the workplace: the E-Verify Participation poster and the Right to Work poster issued by the United States Department of Justice.
Pending Legislation on E-Verify Requirements
There has been an increase in pending legislation recently regarding the use of E-Verify which may be driven from the Trump administration’s stance on immigration.
At the federal level, the Accountability Through Electronic Verification Act (S.1151) was introduced in the senate on March 26, 2025. This bill would expand the use of E-Verify, hold employers accountable, and increase penalties for non-compliance. At the state level, pending bills in three states (Montana HB 226, Kentucky HB 673, and Idaho HB 252) would require private employers to use E-Verify if passed.
Not all the legislation involving E-Verify involves just requiring employers to use E-Verify. For example, three states have pending legislation that would require an employer to share certain information gleaned from running the employee’s information through the E-Verify System with certain governmental agencies.
- Alabama HB 302 would require employers to share the U.S. Citizenship and Immigration Services number of a foreign worker who they hire with the Department of Workforce.
- South Carolina is a state that requires the use of E-Verify and has a pending bill, (HB 3218), which would entitle certain law enforcement entities and the Department of Employment and Workforce to access E-Verify documentation from employers upon request.
- Texas has a bill pending (SB324), which would require public and private employers in Texas to participate in the E-Verify system. In addition, the state also has a bill pending (HB3681) that would require employers to notify a federal agency if an employee’s employment eligibility to work in the U.S. cannot be verified.
Conclusion
The bills referenced above are all pending and may or may not survive the final legislative process. As such, employers should keep an eye on these jurisdictions to watch for any potential new requirements in the event any of these pending bills are passed into law. Need help keeping track of these updates? Learn more about the GovDocs Right to Work/E-Verify Update Program.
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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GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Whether you manage labor law postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. The company is headquartered in Eagan, Minn.
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