---
title: "E-Verify Requirements by State: Who Must Use It | MCC"
description: "Which states require E-Verify for every employer, above a headcount, for public employers or state contractors, and which limit its use, from official pages."
url: "https://mcc-solutionsnj.com/bookkeeping/e-verify-requirements-by-state"
---

Free table · Hiring paperwork

# E-Verify requirements by state

Where E-Verify is required of every employer, above an employee count, of public employers or of state contractors; where its use is limited; and the federal I-9 rules that apply in every state.

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**Quick answer.** Federally, E-Verify is voluntary for most employers, but every employer completes Form I-9. On the official pages we opened, Alabama, Arizona, Mississippi and South Carolina require E-Verify of every employer, Georgia, Florida, North Carolina, Tennessee and Utah require it above an employee count, Ohio and Texas require it in one industry, and California and Illinois limit how it's used. Many more require it of public employers or state contractors.

Have a business in mind? The [does my business need E-Verify checker](/bookkeeping/does-my-business-need-e-verify) 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](/bookkeeping/payroll-and-leave-tracking-nj), or [employer registration in another state](/bookkeeping/out-of-state-employer-registration).

| | | | | | Source |
| --- | --- | --- | --- | --- | --- |
| [Alabama](/bookkeeping/e-verify-alabama) | Every employer | Not confirmed | Yes, stated | Stated | [Official page](https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2012RS/PrintFiles/HB658-Eng.pdf) |
| Alaska | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| [Arizona](/bookkeeping/e-verify-arizona) | Every employer | Yes, stated | Yes, stated | Stated | [Official page](https://www.azag.gov/civil-rights/legal-az-workers-act/employers) |
| Arkansas | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| [California](/bookkeeping/e-verify-california)Limits use | Not required; use limited | Not confirmed | Not confirmed | Stated | [Official page](https://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0601-0650/ab_622_bill_20150909_enrolled.htm) |
| Colorado | Not required (NCSL list) | Not confirmed | Yes, stated | Stated | [Official page](https://oedit.colorado.gov/sites/coedit/files/2021-06/colorado_special_provisions.pdf) |
| Connecticut | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| Delaware | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| District of Columbia | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| [Florida](/bookkeeping/e-verify-florida) | 25 or more employees | Yes, stated | Yes, stated | Stated | [Official page](https://floridarevenue.com/taxes/Documents/eVerifyFAQs.pdf) |
| [Georgia](/bookkeeping/e-verify-georgia) | 11 or more employees | Yes, stated | Yes, stated | Not confirmed | [Official page](https://www.mariettaga.gov/DocumentCenter/View/3166/Private-Employer-Affidavit-PDF) |
| Hawaii | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| Idaho | Not required (NCSL list) | Not confirmed | Not confirmed | Not confirmed | [Official page](https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1247SOP.pdf) |
| [Illinois](/bookkeeping/e-verify-illinois)Limits use | Not required; use limited | Not confirmed | Not confirmed | Stated | [Official page](https://ilga.gov/Legislation/publicacts/view/103-0879) |
| Indiana | Not required (NCSL list) | Not confirmed | Yes, stated | Not confirmed | [Official page](https://www.allencounty.in.gov/DocumentCenter/View/12400) |
| Iowa | Not confirmed | Yes, stated | Not confirmed | Not confirmed | [Official page](https://www.legis.iowa.gov/docs/publications/AMDI/91/attachments/CCS2218.html) |
| Kansas | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://kslegislature.gov/li/b2025_26/measures/hb2066/) |
| Kentucky | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://apps.legislature.ky.gov/record/25rs/hb673.html) |
| [Louisiana](/bookkeeping/e-verify-louisiana) | E-Verify is one option | Yes, stated | Yes, stated | Stated | [Official page](https://legis.la.gov/Legis/Law.aspx?d=84042) |
| Maine | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| Maryland | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://mgaleg.maryland.gov/2013RS/fnotes/bil_0007/hb0317.pdf) |
| Massachusetts | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://www.mass.gov/doc/attachment-f-executive-order-481-contractor-certification/download) |
| Michigan | Not required (NCSL list) | Not confirmed | Not confirmed | Not confirmed | [Official page](https://www.legislature.mi.gov/documents/2025-2026/billintroduced/House/pdf/2025-HIB-4061.pdf) |
| Minnesota | Not required (NCSL list) | Not confirmed | Yes, stated | Not confirmed | [Official page](https://www.revisor.mn.gov/statutes/cite/16C.075/pdf) |
| [Mississippi](/bookkeeping/e-verify-mississippi) | Every employer | Yes, stated | Yes, stated | Stated | [Official page](https://mdes.ms.gov/employers/mdes-employer-services/special-services/e-verify-program/) |
| Missouri | Not required (NCSL list) | Yes, stated | Yes, stated | Not confirmed | [Official page](https://dese.mo.gov/childhood/child-care-subsidy/e-verify) |
| [Montana](/bookkeeping/e-verify-montana) | E-Verify is one option | Not confirmed | Not confirmed | Stated | [Official page](https://news.dli.mt.gov/news/2025/07/legal-act) |
| Nebraska | Not required (NCSL list) | Yes, stated | Yes, stated | Not confirmed | [Official page](https://www.nebraskalegislature.gov/FloorDocs/103/PDF/Intro/LB1073.pdf) |
| Nevada | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| New Hampshire | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| New Jersey | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| New Mexico | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| New York | Not required | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://www.nysenate.gov/newsroom/press-releases/2020/jessica-ramos/senator-ramos-champions-e-verify-bill-protect?page=9) |
| [North Carolina](/bookkeeping/e-verify-north-carolina) | 25 or more employees | Yes, stated | Yes, stated | Stated | [Official page](https://ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_64/Article_2.html) |
| North Dakota | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://ndlegis.gov/files/resource/68-2023/library/hb1527.pdf) |
| [Ohio](/bookkeeping/e-verify-ohio) | One industry only | Not confirmed | Not confirmed | Stated | [Official page](https://codes.ohio.gov/assets/laws/revised-code/authenticated/41/4151/4151.02/3-20-2026/4151.02-3-20-2026.pdf) |
| Oklahoma | Not confirmed | Not confirmed | Yes, stated | Stated | [Official page](https://aem-prod.oklahoma.gov/content/dam/ok/en/omes/documents/DCS-CP-PIM-10-01.pdf) |
| Oregon | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://apps.oregonlegislature.gov/liz/2025R1/Downloads/MeasureAnalysisDocument/85544) |
| Pennsylvania | Not required (NCSL list) | Not confirmed | Yes, stated | Not confirmed | [Official page](https://pa.gov/agencies/dgs/submit-proposals-and-bids-for-commonwealth-projects/public-works-employment-verification) |
| Rhode Island | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://www.ri.gov/press/view/12942) |
| [South Carolina](/bookkeeping/e-verify-south-carolina) | Every employer | Yes, stated | Yes, stated | Stated | [Official page](https://llr.sc.gov/Immigration/verification.aspx) |
| South Dakota | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://mylrc.sdlegislature.gov/api/Documents/306670.html) |
| [Tennessee](/bookkeeping/e-verify-tennessee) | 35 or more employees | Not confirmed | Not confirmed | Stated | [Official page](https://www.tn.gov/content/tn/workforce/employers/staffing-redirect/hiring-regulations/employment-verification.html) |
| [Texas](/bookkeeping/e-verify-texas) | One industry only | Yes, stated | Yes, stated | Not confirmed | [Official page](https://capitol.texas.gov/tlodocs/89R/analysis/pdf/SB00324I.pdf) |
| [Utah](/bookkeeping/e-verify-utah) | 150 or more employees | Yes, stated | Yes, stated | Not confirmed | [Official page](https://le.utah.gov/xcode/Title13/Chapter47/C13-47_1800010118000101.pdf) |
| Vermont | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| Virginia | Not required (NCSL list) | Yes, stated | Yes, stated | Stated | [Official page](https://law.lis.virginia.gov/vacode/title40.1/chapter1/section40.1-11.2/) |
| Washington | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |
| West Virginia | Not required (NCSL list) | Not confirmed | Not confirmed | Not confirmed | [Official page](https://www.wvlegislature.gov/Bill_Text_HTML/2026_SESSIONS/RS/bills/hb4198%20sub1%20eng.htm) |
| Wisconsin | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [Official page](https://docs.legis.wisconsin.gov/2025/related/proposals/ab281) |
| Wyoming | Not required (NCSL list) | No (NCSL list) | No (NCSL list) | Not confirmed | [NCSL (secondary source)](https://www.ncsl.org/immigration/state-e-verify-action) |

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)](https://www.ncsl.org/immigration/state-e-verify-action), 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](https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employer-information)

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](https://uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-employer-review-and-verification)

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](https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/100-retaining-form-i-9)

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](https://www.e-verify.gov/e-verify-user-manual-10-introduction/11-background-and-overview)

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)](https://e-verify.gov/employers/federal-contractors/timeframes-for-enrollment-and-use)

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](https://www.e-verify.gov/e-verify-user-manual-20-initial-verification/22-create-a-case)

**Hiring someone remote in New Jersey?** MCC Solutions acts as an [I-9 authorized representative](/notary/i9-verification): 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.

## 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](/toolkits/hiring-your-first-employee-kit) ($25) · [New Jersey Small Employer HR Kit](/toolkits/nj-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

**Which states require E-Verify for every employer?**

On the official pages we opened: Alabama, Arizona, Mississippi and South Carolina. Each state's page in the table quotes its own wording.

**Which states use an employee count?**

Georgia (11 or more), Florida (25 or more), North Carolina (25 or more), Tennessee (35 or more), Utah (150 or more). The count is for private employers; public employers and state contractors have their own rules where the state set one.

**Does federal law require E-Verify?**

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. For a federal contractor: 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.

**If I use E-Verify, do I still need Form I-9?**

Yes. Every employer completes Form I-9 for each hire, and the E-Verify case is created from the completed form. 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.

**Which states limit how E-Verify is used?**

California and Illinois. California bars checking existing employees or applicants who haven't been offered a job, and Illinois sets notice rules, including a written notice when a tentative nonconfirmation arrives. Both also bar state and local mandates.

**Which states require it of public employers or state contractors?**

Public employers: Arizona, Florida, Georgia, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, South Carolina, Texas, Utah and Virginia. State contractors or grantees: Alabama, Arizona, Colorado, Florida, Georgia, Indiana, Louisiana, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Texas, Utah and Virginia. Thresholds differ: some set a contract value, an employee count, or limit the rule to public works.

**Why do some answers say 'NCSL list'?**

Where no official page states a rule, a "no" can rest on a list that names every state with one. NCSL's State E-Verify Action page (a secondary source, checked November 2026) names the states that require E-Verify of all employers and of public employers or contractors; a state it leaves out has no such mandate. That covers private employers in 33 jurisdictions. NCSL's page carries no date and lags some recent laws (it lists Florida under public employers only), so an official page always wins, and states whose own pages show a recent rule NCSL leaves out, or a private-employer bill with an outcome we couldn't confirm, keep only their official answers.

**Why do some states still show 'Not confirmed'?**

We fill in a rule only after reading it on a state statute, legislature or agency page, or on the NCSL list above for a "no". Where neither gave an answer for a column, it's left blank rather than filled in from memory. Federal rules apply everywhere.

Related: [Does my business need E-Verify? checker](/bookkeeping/does-my-business-need-e-verify) · [I-9 authorized representative (New Jersey)](/notary/i9-verification) · [New hire reporting by state](/bookkeeping/new-hire-reporting-requirements-by-state) · [Workers' comp requirements by state](/bookkeeping/workers-comp-requirements-by-state) · [Final paycheck laws by state](/bookkeeping/final-paycheck-laws-by-state) · [Employee cost calculator](/bookkeeping/employee-cost-calculator)

**Download this data:** [CSV](/data/e-verify.csv) · [JSON](/data/e-verify.json) · [Field guide, license and citation](/data/e-verify)

51 jurisdictions, sources checked November 2026. Free under [CC BY 4.0](https://creativecommons.org/licenses/by/4.0/) with a link back.

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