Of the 17 states with E-Verify mandates in place today, the following eight states require employers, both public and private, to participate in E-Verify depending on the number of employees: Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah.

While the remaining states limit mandatory E-Verify participation to public employers or contractors, it may only be a matter of time before these and new laws will extend to private employers as well.

Monica Castillo and Janie Schulman in their article Ready or Not, Here They Come: State E-Verify Laws and What Employers Should Know identifies certain best practices that can be followed by employers in order to be compliant with E-Verify regulations.For multistate employers obligated to use E-Verify in one state, consider adopting E-Verify company- wide to avoid conflicting standards within the company (not to mention confusion for Human Resources and employees).

  • Do not use E-Verify on current employees. Unless the employer has been awarded a federal contract on or after September 8, 2009, this is prohibited by federal guidelines.
  • Require uniform verification of new employees. Even if an employer is required to use E-Verify for certain employees only, selective use of E-Verify may be perceived as discriminatory.
  • Never use E-Verify on a job applicant prior to hiring. If the candidate is not hired, the candidate may later bring charges of discrimination against the employer.
  • If available in the employer’s state, inform all job applicants about the E-Verify Self Check service. Self Check is available in Idaho, Arizona, Colorado, Mississippi, Virginia, and the District of Columbia. Because E-Verify is not yet bug-free, prospective employees could save their employers precious time and money by resolving erroneous results before starting employment.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Any issues regarding compliance and obligations under United States or International laws or regulations should be addressed through your legal department or outside counsel.