Updating our list from last year, E-Verify is an electronic employment verification program through which employers may verify the eligibility of their employees to work in the United States. Although E-Verify was initially voluntary except for most federal contractors, it has become mandatory for many employers in several states. In 2022, there was a small expansion in the E-Verify mandate requirements, as Florida and Missouri were added to the list of states with local or municipal requirements for some or all employers to use E-Verify and Texas added a special E-Verify requirement.

States that require all or most employers to use E-Verify: Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah.

Public employers and/or contractors with the state: Florida, Indiana, Missouri, Nebraska, Oklahoma, Pennsylvania, and Texas.

Public employers only: Idaho and Virginia.

States with local/municipality E-Verify requirements: Colorado (Denver), Florida (Hernando County, Bonita Springs), Michigan (Ingham County, Macomb County, Oakland County), Missouri (O’Fallon), Nebraska (Fremont), and Washington (Hoquiam, Pierce County, Woodland).

State contractors only: Colorado, Louisiana, and Minnesota.

Texas wins the 2022 award for the most interesting employer E-Verify law, requiring sexually oriented businesses to participate in E-Verify. The Texas Labor Code now requires sexually oriented businesses to register and participate in E-Verify to verify employment eligibility of all employees and independent contractors. This section also allows the Texas Workforce Commission, state attorney general or law enforcement to request proof of E-Verify if there is “good reason” to believe that a person younger than 21 is or has been employed by, or had entered into a contract to perform work or provide a service with the sexually oriented business, unless that contract is for repair, maintenance, or construction services.

Each state’s E-Verify requirements are different from those in other states, so it is important to know the E-Verify requirements of each location where your company does business.