Short answer. No state requirement for private employers. The state also limits how employers may use it. A penalty is stated.
At a glance
- Private employers
- No state rule requires it, and neither the State nor any local government may require an employer to use E-Verify beyond what federal law requires.
- In effect since
- The current notice and limit rules took effect January 1, 2025 (Public Act 103-0879).
- Penalty
- A civil penalty of $2,000 to $5,000 for a first violation of the Act's E-Verify rules, with higher amounts for later violations.
- Limits on use
- An employer that uses E-Verify must follow the Act's procedures, including telling the employee in writing when it receives a tentative nonconfirmation.
- Who enforces or publishes it
- Illinois Department of Labor (Right to Privacy in the Workplace Act)
In the official wording
Private employers
Hiring in another state? Employer registration in Illinois, done for you, or a free bookkeeping health check.
"Neither the State nor any of its political subdivisions, nor any unit of local government, including a home rule unit,"
Effective date
"Effective Date: 1/1/2025"
Penalty
"a civil penalty of a minimum of $2,000 up to a maximum of $5,000 for a first violation"
Limits on use
"to fail to notify an individual, in writing, of the employer's receipt of a tentative nonconfirmation notice,"
Three example businesses
- 8 employees, private, no state contract: Not required by the state. See why
- 40 employees, private, no state contract: Not required by the state. See why
- 40 employees, private, with a state contract: Not required by the state. See why
Your own numbers: open the checker for Illinois.
Worth knowing
A 2025 bill (SB 2339) would add further limits for employers enrolled in E-Verify; the Legislature's page showed it as introduced, and we couldn't confirm any later action.
Not stated on the pages we opened: a rule for public employers and a rule for state contractors.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- Public Act 103-0879 (amends the Right to Privacy in the Workplace Act), Illinois General Assembly
- SB 2339 (104th General Assembly), as introduced
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in Illinois have to use E-Verify?
No, and the state limits how it's used. No state rule requires it, and neither the State nor any local government may require an employer to use E-Verify beyond what federal law requires. The official wording: "Neither the State nor any of its political subdivisions, nor any unit of local government, including a home rule unit."
When did the Illinois rule take effect?
The current notice and limit rules took effect January 1, 2025 (Public Act 103-0879).
What penalty does Illinois law set?
A civil penalty of $2,000 to $5,000 for a first violation of the Act's E-Verify rules, with higher amounts for later violations.
Does Illinois limit how employers use E-Verify?
An employer that uses E-Verify must follow the Act's procedures, including telling the employee in writing when it receives a tentative nonconfirmation.
Is a Form I-9 still needed in Illinois?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · Georgia · Louisiana