E-Verify requirements by state

Have a business in mind? The does my business need E-Verify checker takes the state, your headcount, whether you're a public employer and whether you hold a state contract, and quotes the rule that answers it.

E-Verify rules in all 50 states and DC

Select a column heading to sort. "Private employers" is the state's general rule; "Limits use" marks states that restrict how an employer may use E-Verify. "Not confirmed" means no official page we opened stated it. It doesn't mean the state has no rule.

Want payroll set up right? Payroll and leave tracking for New Jersey employers, or employer registration in another state.

Rows with a confirmed rule: 51 of 51. Public employer rules are stated for Arizona, Florida, Georgia, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, South Carolina, Texas, Utah and Virginia; state contractor rules for Alabama, Arizona, Colorado, Florida, Georgia, Indiana, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Texas, Utah and Virginia. In Louisiana and Montana, E-Verify is one of two ways for a private employer to meet the rule. Official pages say California, Illinois and New York don't require it of private employers.

"No (NCSL list)" and "Not required (NCSL list)": no state law requires it, going by NCSL (secondary source): State E-Verify Action, National Conference of State Legislatures (undated 50-state summary), checked November 2026, which names every state with an E-Verify mandate. That applies to private employers in 33 jurisdictions. An official page always takes precedence over the list.

The federal rules every state shares

Whatever the state, these come from USCIS and E-Verify's own pages:

Form I-9 for every employer

Every employer in the United States must complete a Form I-9 for each person it hires, U.S. citizens included, whatever the employer's size and whether or not it uses E-Verify.

"All U.S. employers must verify the employment eligibility and identity of all employees"

Source: Employer Information, USCIS

Section 2 within three business days

The employer, or its authorized representative, completes Section 2 within three business days of the first day of employment: for a Monday start, by Thursday. For a job of less than three business days, by the first day. In general the documents are examined in the employee's physical presence.

"Within three business days of the date employment begins, you or your authorized representative must complete Section 2."

Source: 4.0 Completing Section 2: Employer Review and Verification, Handbook for Employers M-274, USCIS

How long to keep Form I-9

Keep each Form I-9 for three years after the date of hire or one year after employment ends, whichever is later, and be able to show it within three business days of an inspection request.

"Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire"

Source: 10.0 Retaining Form I-9, Handbook for Employers M-274, USCIS

E-Verify is voluntary unless something requires it

E-Verify is voluntary for most employers. It becomes required by a federal contract or subcontract carrying the FAR E-Verify clause, by a state law that requires it, or by a court order.

"E-Verify is a voluntary program."

Source: 1.1 Background and Overview, E-Verify User Manual

The federal contractor FAR clause

A federal contractor whose contract carries the FAR E-Verify clause enrolls within 30 calendar days of the award, starts verifying all new hires within 90 calendar days of enrolling, and creates a case for each existing employee assigned to the contract within 90 days of enrolling or 30 days after the assignment, whichever is later.

"Enroll as a Federal contractor in E-Verify within 30 calendar days of the award date"

Source: Timeframes for Enrollment and Use, E-Verify (federal contractors)

When to create the E-Verify case

Complete Form I-9 first, then create the E-Verify case from it no later than the third business day after the employee starts work for pay. The employer creates the case in its own E-Verify account.

"E-Verify cases must be created no later than the third business day after the employee starts work for pay."

Source: 2.2 Create A Case, E-Verify User Manual

How state rules differ

States that require E-Verify write the rule in one of a few ways: every employer, private employers above a headcount, one industry such as nonresidential construction, public employers and agencies, or businesses that take a state contract or grant. Several do more than one. Headcounts and the date the count is taken differ, and a few states tie the rule to a business license or an annual tax return. Others go the other way: they bar state and local mandates and add notice rules for employers that do use it.

Setting up a first hire? Hiring Your First Employee in New Jersey Kit ($25) · New Jersey Small Employer HR Kit ($29) cover the rest of the new-hire paperwork.

General information, not legal advice. Checked November 2026 against each state's statute, legislature or agency pages, linked in the table. Laws change and courts read them; an employment or immigration attorney can say how a rule applies to one business. These pages describe what each rule requires and take no position on immigration policy.

Common questions

Related: Does my business need E-Verify? checker · I-9 authorized representative (New Jersey) · New hire reporting by state · Workers' comp requirements by state · Final paycheck laws by state · Employee cost calculator