Short answer. E-Verify is one of two ways for a private employer to meet the rule. A penalty is stated.
At a glance
- Private employers
- Every employer must verify each worker's lawful employment status before hiring, using Form I-9 or E-Verify.
- In effect since
- July 1, 2025.
- Penalty
- Escalating fines, and possible license suspension for repeat violators. The Department can audit and investigate employers.
- Who enforces or publishes it
- Montana Department of Labor and Industry (LEGAL Act, House Bill 226)
In the official wording
Private employers
"verify the lawful employment status of all workers prior to hiring"
Effective date
"has an effective date of July 1, 2025"
Penalty
"Establishes a tiered penalty structure, including escalating fines and potential license suspension for repeat violators"
Three example businesses
- 8 employees, private, no state contract: E-Verify is one way to meet the rule. See why
- 40 employees, private, no state contract: E-Verify is one way to meet the rule. See why
- 40 employees, private, with a state contract: E-Verify is one way to meet the rule. See why
Your own numbers: open the checker for Montana.
Worth knowing
The Department's announcement gives no employer-size threshold.
Not stated on the pages we opened: a rule for public employers, a rule for state contractors and 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
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 Montana have to use E-Verify?
Not strictly: it's one of two ways to meet the rule. Every employer must verify each worker's lawful employment status before hiring, using Form I-9 or E-Verify. The official wording: "verify the lawful employment status of all workers prior to hiring."
When did the Montana rule take effect?
July 1, 2025.
What penalty does Montana law set?
Escalating fines, and possible license suspension for repeat violators. The Department can audit and investigate employers.
Is a Form I-9 still needed in Montana?
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 · Mississippi · North Carolina