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
"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