E-Verify: A Must-Know for Employers – A Comprehensive Guide

Many states now require that private employers, or those employers who hold government contracts, participate in the E-Verify program which includes an online E-Verify account, a trained staff member to administer the program and adherence to the E-Verify I-9 Form standards.

What Is E-Verify?

E-Verify is an internet-based system operated by the federal government, designed to help employers verify the work eligibility of their new hires in the U.S. It cross-references the information from an employee’s Form I-9 with databases from the Department of Homeland Security (DHS) and Social Security Administration (SSA), providing swift responses on the employee’s work authorization status.

Who Needs to Use E-Verify?

While federal contractors are mandated to use E-Verify for employees working under covered federal contracts, the requirement extends beyond the federal level. Certain states and local jurisdictions impose similar mandates on public agencies, government contractors, and, notably, some private employers.

State Requirements for Private Employers

Several states have enacted laws requiring private employers to participate in E-Verify. These states include:

• Alabama and Arizona: All private employers must use E-Verify.
• Florida: Private employers with 25 or more employees (effective from July 1, 2023), alongside state contractors and subcontractors.
• Georgia: Private employers with 11 or more employees.
• Mississippi and South Carolina: Mandatory for all private employers.
• North Carolina: Required for private employers with 25 or more employees.
• Tennessee: Applies to private employers with 35 or more full-time equivalent employees.
• Utah: Private employers with more than 15 employees are required to use the system.

E-Verify vs. Form I-9

It’s crucial to understand that E-Verify does not replace the Form I-9; rather, it complements it. Employers must still complete a Form I-9 for each new hire and are required to submit the new hire for verification via E-Verify no later than the third business day after their start date. However, E-Verify can only be used after the employee has accepted the job offer and completed the Form I-9.

Recordkeeping and Poster Requirements

Employers using E-Verify are required to either record the E-Verify case number on the employee’s Form I-9 or maintain a printout of the case details. Additionally, they must display the Right to Work and E-Verify Participation notices in their workplaces, available for download from RUN Powered by ADP®.

Understanding and complying with E-Verify requirements is essential for employers to ensure they are on the right side of employment eligibility laws in the U.S. For businesses navigating these obligations, especially in states with specific mandates, staying informed is key. Innoworks, as an industry-leading PEO, is committed to providing our clients with the necessary resources and support to manage their E-Verify processes efficiently. Should you have any more questions or need assistance, do not hesitate to reach out to your Innoworks representative.