Short answer. Yes for every employer, for new hires. Separate rules cover public employers and state contractors. A penalty is stated.
At a glance
- Private employers
- Every employer must use E-Verify. The requirement was phased in by employer size and reached all employers by July 1, 2011.
- Public employers
- Public employers must use E-Verify.
- State contractors
- Contractors, consultants and subcontractors on public work must use E-Verify.
- In effect since
- The Act took effect July 1, 2008; the last group, every remaining employer, came in July 1, 2011.
- Penalty
- Cancellation of any state or public contract and up to three years' ineligibility for public contracts, loss of any state license or permit for up to one year, or both.
- Who enforces or publishes it
- Mississippi Department of Employment Security (Mississippi Employment Protection Act)
In the official wording
Private employers
"All employers shall meet verification requirements not later than July 1, 2011."
Public employers
"all public employers, contractors, consultants, subcontractors, subconsultants, and third-party employers"
State contractors
"all public employers, contractors, consultants, subcontractors, subconsultants, and third-party employers"
Effective date
"effective Tuesday, July 1, 2008."
Penalty
"Any employer violating the provisions of this section shall be subject to the cancellation of any state or public contract,"
Three example businesses
- 8 employees, private, no state contract: Required. See why
- 40 employees, private, no state contract: Required. See why
- 40 employees, private, with a state contract: Required. See why
Your own numbers: open the checker for Mississippi.
Worth knowing
The phase-in and penalty wording is quoted from Section 71-11-3 as reprinted in a 2025 House bill (HB 1271) on the Legislature's site; the passages quoted carry no change markings there.
Not stated on the pages we opened: limits on how E-Verify is used.
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
- MDES E-Verify Program, Mississippi Department of Employment Security
- Notice to All Public Contractors, Consultants, Subcontractors and Subconsultants, Mississippi Department of Transportation
- HB 1271 (2025 Regular Session), as introduced (reprints Section 71-11-3)
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 Mississippi have to use E-Verify?
Yes, every employer. Every employer must use E-Verify. The requirement was phased in by employer size and reached all employers by July 1, 2011. The official wording: "All employers shall meet verification requirements not later than July 1, 2011."
Does Mississippi require E-Verify for public employers?
Public employers must use E-Verify.
Do contractors with the state of Mississippi need E-Verify?
Contractors, consultants and subcontractors on public work must use E-Verify.
When did the Mississippi rule take effect?
The Act took effect July 1, 2008; the last group, every remaining employer, came in July 1, 2011.
What penalty does Mississippi law set?
Cancellation of any state or public contract and up to three years' ineligibility for public contracts, loss of any state license or permit for up to one year, or both.
Is a Form I-9 still needed in Mississippi?
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 · Louisiana · Montana