E-Verify Summary
| State | Statute of Executive Order Requiring E-Verify |
Requirement | Certification Required?* |
| AZ | Arizona Revised Statute 23-214 | Arizona employers must use the E-Verify system. | There is no state specific form. (Use of E-Verify requires an Memorandum of Understanding, which can be viewed by clicking here.) |
| CO | 8-2-122, C.R.S | Within 20 days after hiring a new employee, each employer shall keep a written or electronic copy of an affirmation for the term of employment for each employee. The employer shall affirm that:
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Click here for an example of an acceptable affirmation. Another substantially similar affirmation may be used, provided that it contains the necessary elements and information as required by the law. |
| GA | Georgia Security & Immigration Compliance Act, O.C.G.A. 13-10-91 | State contractors and sub-contractors must use E-Verify. | Contractors and sub-contractors must submit an affidavit of compliance. Click here for the form. |
| ID | Executive Order No. 2006-40 | The state is required to ensure that contracts for services performed for the State in Idaho are with businesses that employ only legal workers. | No reference to any written certification. |
| MN | Exec. Order 08-01 | MN State contractors w/contracts in excess of $50,000 must utilize E-Verify and must require vendors and subcontractors to certify compliance. |
Yes. Click here to view the form. Form is completed by each employer to certify compliance with laws. |
| MO | House Bill No. 1549 | Effective January 1, 2009, the law requires any employer with a contract or grant in excess of $5,000 with the state or any political subdivision of the state, and employers that receive state-administered or subsidized tax credits, tax abatements or loans, must enroll in E-Verify with respect to employees working in connection with the contracted services. The state may terminate contracts with businesses that hire illegal workers, withhold up to 25 percent of the value of contracts with these businesses, and suspend them from further contracts with the state for up to three years. Upon a second offense, a business could be permanently barred from doing business with the state. The law also calls for suspension of local licenses, permits and exemptions for employers who knowingly hire unlawful workers. |
Contractors and subcontractors must execute an affidavit stating that no unauthorized workers are knowingly employed in connection with the contracted services. State contractors will not be liable for a subcontractor’s noncompliance if the contract affirmatively states that the subcontractor does not knowingly employ unlawful workers and the subcontractor executes an affidavit to that effect. For an example of an affidavit, click here. |
| MS | Employment Protection Act (SB 2988) | Employers must use the E-Verify system. The applicable date is based on the size of the employer: 250 or more employees - July 1, 2008 100 to 249 employees - July 1, 2009 30 to 99 employees - July 1, 2010 fewer than 30 employees - July 1, 2011 |
No certification. The only certification / registration requirement is that third-party employers shall provide proof of registration and any participation in the status verification system to any Mississippi employer with whom they do business. |
| OK | HB 1804 | Contractors and subcontractors are required to use E-Verify. NOTE: Implementation of the law was enjoined on June 4, 2008 by a federal court in Oklahoma, which found that it is “substantially likely” that the law is preempted by federal immigration law. |
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| RI | Executive Order 08-01 | State contractors and sub-contractors must use E-Verify. |
The Department of Administration mailed Vendor and Bidder Certifications to all of its existing contractors on July 29, 2008. The Certification requires the contractor to attest to its E-Verify registration and compliance with Executive Order 08-01. The contractor must return its signed and notarized Certification to the Department within 45 days. Could not find any certification form on the web. Click here for an article. |
| SC | South Carolina Illegal Immigration Reform Act (H. 4400) | On and after July 1, 2009, all private employers of 100 or more employees who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must: Register and participate in the E-Verify federal work authorization program to verify information of all new employees, and verify the work authorization of every new employee within five business days after employing a new employee; or Employ only workers who, at the time of employment:
On July 1, 2010, all private employers who employ less than one hundred employees and who are required by federal law to complete and maintain federal employment eligibility verification forms will need to comply with the law. |
No reference to a certification. |
| UT | SB 81 | State contractors and sub-contractors must use E-Verify beginning July, 2009. (A bill has been introduced which would delay implementation.) | The law provides that each contractor or subcontractor who works under or for another contractor shall certify to the main contractor by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor. (Could not find any sample certification on the web.) |
* Use of E-Verify requires completion of a Memorandum of Understanding, which can be viewed here.
