The Center for Immigration Studies has published a detailed analysis of state-level E-Verify policies. Sixteen states require E-Verify in some form. According to the CIS report, South Carolina’s audit process has been the most robust, making the compliance rate with its law high and more effective than laws in states that do not have an active audit process. South Carolina is one of six states that require all or nearly all employers to use E-Verify. The other five states requiring use of E-Verify by all employers are Arizona, Mississippi, South Carolina, Alabama, Georgia, and North Carolina.
Five states require public employers and public contractors and subcontractors to use E-Verify: Indiana, Nebraska, Oklahoma, Virginia, and Missouri.
Three other states require only public contractors to use E-Verify: Louisiana, Minnesota, and Pennsylvania. Pennsylvania passed its E-Verify law on July 5, 2012.
In Idaho, only public employers are required to use E-Verify. Finally, in Florida, by Executive Order, only state agencies under direction of the Governor are required to use E-Verify.
In this rapidly changing area, and with the U.S. Supreme Court’s blessing of Arizona’s E-Verify law in Chamber of Commerce v. Whiting, employers can expect that more states will require E-Verify. The CIS report provides insight and detailed information regarding the “nuts and bolts” of the E-Verify law in each of these 16 states where E-Verify is required.
To help employers stay in compliance, USCIS has released “self assessments” that provide checklists for employers regarding E-Verify. USCIS guides are available for download for direct users and web services users.
Jackson Lewis immigration attorneys are available to answer questions about E-Verify.