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E-Verify Requirements in the Southeast

e-verify

The southeastern U.S. is serious about verifying employment eligibility. While the region isn’t traditionally known for tough HR regulations, it has the highest concentration of E-Verify mandates in the country.
 

E-Verify is a free electronic service that cross-references a new employee’s Form I-9 with data from the U.S. Department of Homeland Security to determine work eligibility. Since the nineties, enrollment in the program has ballooned from just 11,000 to over 750,000 companies.

While use of E-Verify is voluntary for most companies nationwide, a number of states have passed rules requiring or regulating their use. A full listing of these rules (limited to the southeast) is below:
 

Southeast E-Verify Requirements


States Public Private Details
Alabama
All employers, regardless of size, must use E-Verify. Failure to use the program could result in a suspension of a company’s business license. (Effective 2012)
Florida
  All state agencies and contractors must use E-Verify. (Effective January 2011). Note: A requirement applying to private employers is currently being considered by the state.
Georgia
All government agencies, state contractors, and private employers must use E-Verify. Only private employees with 10 or more employees are required to comply. (Effective 2006 for contractors, 2013 for private employers)
Mississippi
All employers, regardless of size, must use E-Verify. Failure to use the program could result in a suspension of the company’s business license or government contract. (Effective 2011)
(Effective 2012)
North Carolina
All government agencies, state contractors, and private employers must use E-Verify. Only private employees with 25 or more employees are required to comply. (Effective 2015 for contractors, 2013 for employers) Season workers are exempted from the requirements.
South Carolina
All employers, regardless of size, must use E-Verify. Failure to use the program could result in a suspension of the company’s business license or government contract. (Effective 2010)
Tennessee
Public and private employers with 6 or more employees must use E-Verify or maintain copies of identity and work authorization documents. (Effective 2011) All private employers with 50 or more workers must use E-Verify. (Effective 2017)

Public and private employers with 6 or more employees must use E-Verify or maintain copies of identity and work authorization documents. (Effective 2011) All private employers with 50 or more workers must use E-Verify. (Effective 2017)
 

Employers in the jurisdictions above should note that use of E-Verify to pre-screen job applicants or to confirm the immigration status of an existing employee is a federal crime. The service should only be used to confirm employment eligibility for new hires.
 

Confirming employment eligibility is just one part of a compliant onboarding process. Click below to download our free Employee Onboarding Toolkit.

Topics: Compliance

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