Your complete Form I-9 solution

E-verify Laws by State

States with Mandatory E-verify Compliance for Private Employers and Contractors

State State State State
Alabama Indiana North Carolina Utah
Arizona Louisiana Oklahoma Virginia
Colorado Michigan (county- specific) Pennsylvania
Florida Mississippi South Carolina
Georgia Nebraska Tennessee

 

View the chart below for the respective dates and phase descriptions:

State

Legislation

E-verify Requirements Documentation Penalties

Alabama

HB 56

Effective 01/01/12:
Mandatory participation is required in the E-verify program for contractors and sub-contractors.Effective 04/01/12:
All employers in Alabama must enroll in the E-Verify program.
Employers must provide a sworn affidavit to the District Attorney. Contractor & Subcontractor

1st Violation: Suspended business licenses or permits for up to 60 days. Subsequent Violation: Business licenses or permits will be revoked
permanently.

Private Employers

1st Violation: Suspended business licenses or permits for up to 10 days. The employer will be on a three year probationary period.

Subsequent Violation: Business licenses or permits will be revoked permanently.

Arizona

HB 2779

(Arizona Fair and Legal Employment Act)

HB 2745

Effective 01/01/08:
Mandatory participation is required in the E-verify program for all employers.

No

Effective 03/01/08

1st Violation: Suspended business licenses or permits for up to 10 days.

2nd Violation: Business licenses or permits will be revoked permanently.

Colorado

HB 06-1343

Effective 08/02/06:
Mandatory participation is required for state contractors and subcontractors before entering into state contracts.
Employers must produce a signed and dated affirmation form for each new hire within 20 days of hire. Contractor & Subcontractor

1st Violation: $5,000 for failure to submit requested documentation or recklessly submit false documentation, comply with employment
verification requirements, reporting requirements, and recordkeeping requirements.

2nd Violation: $25,000 for each subsequent violation.

Florida

Order 11-116

Effective 05/27/11:
Mandatory participation is required for state contractors and subcontractors.

No

Contractor & Subcontractor

Not Specified.

Georgia

SB 529

HB 87

Effective 07/01/11:
Mandatory participation is required for state contractors and subcontractors before entering into state contracts.Effective 01/01/12:
Mandatory participation is required for private employers with 500 or more employees.

Effective 07/01/12:
Mandatory participation is required for private employers with 100-499 employees.

Effective 07/01/13:
Mandatory participation is required for private employers with 11-99 employees.

Yes

Contractor & Subcontractors

1st Violation: A contractor, subcontractor, or sub-subcontractor in violation will be listed on a state official website, with details as
to the violation.

Subsequent Violation: The contractor, subcontractor, or sub-subcontractor will be prohibited from bidding on and entering any public
contracts for a 12- month period following the date of the violation.

Private Employers

An employer who willfully violates the law is subject to imprisonment up to 12 months and/or a fine up to $1,000.

Indiana

SB 590

Effective 07/01/11:
Mandatory participation is required for state contractors and subcontractors with awards/grants of more than $1,000.

Yes

Contractor & Subcontractors

Termination of Contract

1st Violation: Class C infraction – can be ordered to pay up to $500 plus costs.

2nd Violation: Class B infraction – can be ordered to pay up to $1,000 plus costs.

Subsequent Violations: Class A infraction – can be ordered to pay up to $10,000 plus costs.

Louisiana

HB 646

HB 342

Effective 08/15/11:
Mandatory participation for contractors and subcontractors with State contracts, grants and incentives;Private employers must either use E-Verify or retain copies of certain identity and work authorization documents.
Employers must provide a signed sworn affidavit indicating participation in E-Verify. HB646

1st Violation: $500 for each unauthorized alien employed at the facility.

2nd Violation: $1,000 for each unauthorized alien employed at the facility.

3rd Violation: Immediate suspension of permit or license to do business for a minimum of 30 days and maximum six months, and a fine of up
to $2500 for each employed, unauthorized alien.

HB342

Ineligibility for public contracts for up to three years after the violation is discovered.

Michigan (Macomb County & Oakland County)

MCO Policy 5-012

(MR) #09116

Effective 08/27/09:
Macomb county.Effective 10/01/09:
Oakland County.

N/A

Contractors and Subcontractors

Mandatory participation for contractors and subcontractors with County contracts, grants and incentives.

Mississippi

SB 2988

Effective 07/01/11:
Mandatory participation for all employers.

No

Contractors and Subcontractors

Ineligible to receive public contracts for up to three years after the violation is discovered and termination of contract.

Private Employers

Suspended business licenses or permits for up to one year.

Missouri

HB 1549

Effective 01/01/09:
Mandatory participation is required for state contractors and subcontractors with awards/grants of more than $5,000.

No

Contractors and Subcontractors

1st Violation: Termination of contracts and bar from doing business with the State for three years.

2nd Violation: Permanent debarment from doing business with the State.

Nebraska

L 403

Effective 10/01/09:
Mandatory participation for contractors and subcontractors with State contracts, grants and incentives.

No

Contractors and Subcontractors

Termination of contract

North Carolina

HB 36

Effective 10/01/12:
Mandatory participation for employers with 500 or more employees.Effective 01/01/13:
Mandatory participation for employers with 100-499 employees.

Effective 07/01/13:
Mandatory participation for employers with 25-99 employees.

Employers must provide a signed sworn affidavit filed within three days indicating participation in E-Verify. 1st Violation: $10,000 (amount is not affected by the number of employees in the violation).

2nd Violation: $10,000 plus an additional $1,000 (amount is not affected by the number of employees in the violation).

3rd Violation: $10,000 plus an additional $2,000 for each unauthorized employee.

Oklahoma

HB 1804

Effective 07/01/08:
Mandatory participation for contractors and subcontractors with State contracts, grants and incentives.

No

Contractors and Subcontractors

Ineligibility to receive state contract.

Pennsylvania

HB 2319

Effective 01/01/13:
Mandatory participation for contractors and subcontractors with state contracts of $25,000 or over.

Yes

Contractors and Subcontractors

1st Violation: warning and posting on state website.

2nd Violation: 30 days debarment from state contracts.

3rd Violation: 180 days or up to 1 year debarment from state public works contract.

Willful violators may be debarred for up to 3 years and providing false certification is punishable by a fine of $250 to $1,000.

South Carolina

ACT 69

Effective 01/01/12:
Mandatory participation for all employers.

Yes

Section 41-8-20

1st Violation: Probation for a year.

Subsequent Violations: Suspended license for 10-30 days. If a private employer engages in business during a time their license is
suspended, their license will be revoked.

Tennessee

HB 1379

Effective 01/01/12:

Private employers with 500 or more employees and governmental entities are required to enroll in E- verify.Effective 07/01/12:
Private employers with 200-499 employees are required to enroll in E- verify.

Effective 01/13/13:
Private employers with 6- 199 employees are required to enroll in E- verify.

Yes

1st Violation: $500, plus a penalty of $500 for each employee or non- employee in violation.

2nd Violation: $1,000, plus a penalty of $1,000 for each employee or non- employee in violation.

Subsequent Violation: $2,500, plus a penalty of $2,500 for each employee or non-employee in violation.

Utah

SB 0251

Effective 07/01/09:
Mandatory participation for public entities and public contractors.Effective 07/01/10:
Mandatory participation for private employers who employ more than 15 or more employees.

No

1st Violation: Penalty of up to $100 for each employed unauthorized alien.

2nd Violation: Penalty of up to $500 for each employed unauthorized alien.

3rd Violation: one or more applicable license will be revoked for up to one year. (If no applicable license is held, a penalty of up to
$10,000 will be imposed).

Virginia

HB 737

Effective 12/01/13:
Mandatory participation for contractors and subcontractors with more than 50 employees entering contracts of more than $50,000.

No

Contractors and Subcontractors

Ineligibility to receive state contract.

State

Citation

Year Enacted

Applies To

Alabama

HB 56

HB 658

2011

2012

All employers (phased in)

Contractors and subcontractors; prime contractors not liable for subcontractors complying with E-Verify unless they know of the violation

Arizona

HB 2779

HB 2745

2007

2008

All employees

Colorado

HB 1343

SB 139

SB 193

2006

2008

2008

State agencies, contractors

Florida

EO 11-02

EO 11-116

2011

2011

State agencies, contractors, subcontractors

Georgia

SB 529

HB 2

SB 447

HB 87

HB 742

HB 1027

2006

2009

2010

2011

2012

20192

Public employers, contractors, subcontractors with 500+ employees (phase in)

Idaho

EO 2009-10

2009

State agencies, contractors

Indiana

SB 590

2011

State agencies, contractors

Louisiana

HB 342

HB 646

HB 996

2011

2011

2012

State contractors

Option for private employers

Michigan

HB 5365

2012

State agencies, contractors, subcontractors

Mississippi

SB 2988

2008

All employers (phase in)

Missouri

HB 1549

HB 390

2008

2009

Public employers, contractors, subcontractors

Nebraska

LB 403

2009

Public employers, contractors

North Carolina

SB 1523

HB 36

2006

2011

State agencies, universities

Localities, all employers (phase in)

Oklahoma

HB 1804

2007

Public employers, contractors, subcontractors

Pennsylvania

SB 637

2012

Public contractors, subcontractors

South Carolina

HB 4400

SB 20

HB 4813

2008

2011

2012

Public employers, contractors (phase in)

Private employers

Establishes a 24-hour hotline to report E-Verify violations

Tennessee

HB 1378

2011

All employers with 6+ employees (phase in)

Utah

SB 81

SB 39

SB 251

HB 116

2008

2009

2010

2011

Public employers, contractors, subcontractors

Private employers with more than 15 employees

Virginia

HB 737

HB 1859

SB 1049

2010

2011

State agencies

Public contractors, subcontractors with more than 50 employees

West Virginia

SB 659

2012

Public Employers, contractors