E-Verify and State Law Summary

State Law and Effective Dates Private Employers Public Employers State Contractors

Alabama Beason-Hammon Alabama All employers must enroll in E-Verify. See Private Employers note. All employers who are state/public Taxpayer and Citizen Protection There is no sanction for a failure to contractors of any tier, grant Act (HB 56, amending Ala. Code do so, however, employers that use recipients and others who receive §32-6-9 (1975), E-Verify portions E-Verify will have a safe harbor from state incentives be registered with effective 1/1/12 for state any liability under Alabama law. and use E-Verify. contractors and 4/1/12 for private employers.*Other provisions currently stayed subject to 11th Circuit Court of Appeals temporary injunction. Alaska N/A N/A N/A N/A Arizona Legal Arizona Workers Act Every employer must verify Effective September 30, 2008, any See Public Employers note. (A.R.S. §§23-211 to 23-214) employment eligibility using E-Verify. state government entity shall not award (LAWA) (effective 1/1/08; There is also a good faith defense a contract to any amended by HB 2745, effective based upon completion of I-9. contractor/subcontractor that has failed on 9/30/2008). Upheld by US "Employer" means any individual or to comply with the requirement imposed Supreme Court in Chamber of type of organization that transacts on all Arizona employers to enroll in Commerce of of business in the state, that has a and use E-Verify. "Government entity" America v. Whiting (May 26, license issued by an agency in the is defined as the state of Arizona and 2011). state and that employs one or more any political subdivision of the state that individuals who perform employment receives and uses tax revenues. services in the state. "Employer" also "Contract" is defined as all types of includes the state, any political government entity agreements for the subdivision of the state and self- procurement of services in Arizona employed persons. (regardless of what they are actually called). "Services" means the furnishing of labor, time or effort in the state by a contractor or subcontractor Arkansas N/A N/A N/A California AB 1236, Employment Prohibits State or other California Neither the state of California nor any Applies. NOT REQUIRED Acceleration Act of 2011 (signed government entities from requiring a of its cities, counties, or special Oct. 9, 2011) private employer to use E-Verify. districts can require an employer (other than a government entity) to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or other similar laws.

SQUIRE, SANDERS (US) LLP WWW.SQUIRESANDERS.COM E-Verify and State Immigration Law Summary

State Law and Effective Dates Private Employers Public Employers State Contractors

Colorado HB 1343 (signed 6/6/06); SB 139 N/A State contractors must verify legal (effective 8/6/08); SB 193 work status of all new hires (effective 8/6/08). through either E-Verify or a new program administered by Colorado’s Department of Labor and Employment (DOLE). Connecticut N/A N/A N/A N/A Delaware N/A N/A N/A N/A District of Columbia N/A N/A N/A N/A Florida Executive Orders Nos. 11-02 N/A Requires state agencies to use E- Requires all state contractors to and 11-116 (effective 1/4/11 and Verify for all prospective state agency use E-Verify for all persons 5/27/11, respectively). employees. employed and assigned work during the term of a contract. Georgia HB 87 (signed 5/11/11; effective Requires all employers, public and HB 87 imposes registration and SB 529 requires certain public 7/1/11). SB 529 (effective private, to enroll in E-Verify. attestation requirements on all public employers and any contractors 7/1/07), the Georgia Security & Issuance and renewal of a state, employers and state contractors. The and subcontractors of a public Immigration Compliance Act, county, or municipal business license bill adds to the Georgia criminal code employer to register with E-Verify. requires certain public employers shall be contingent upon the the offense of aggravated identity and any contractors and employer’s registration with E-Verify. fraud, which treats as a felony the use subcontractors of a public The mandatory use of E-Verify will be of counterfeit or fictitious identity employer to register with E- implemented in phases, based on the information for purposes of obtaining Verify. *Other provisions number of employees at a company. employment. currently stayed subject to The effective date for employers with Federal District Court temporary 500 or more employees is 1/1/12; for injunction. employers with 100 or more employees, but fewer than 500 employees the effective date is 7/1/12; employers with 10 or more employees, but fewer than 100 employees must be in compliance as of 7/1/13. The mandatory E-Verify provisions do not apply to employers of fewer than 10 employees. Hawaii N/A N/A N/A N/A Idaho Executive Order No. 2006-40 N/A Public employers (i.e., state agencies Applies (effective 12/13/06). and political subdivisions) to register with and use the E-Verify program.

SQUIRE, SANDERS (US) LLP WWW.SQUIRESANDERS.COM E-Verify and State Immigration Law Summary

State Law and Effective Dates Private Employers Public Employers State Contractors

Illinois The Illinois Right to Privacy in Employers must complete an N/A N/A NOT REQUIRED the Workplace Act, 820 Ill. attestation at the time of E-Verify Comp. Stat. 55/1 et seq., does enrollment (or by 1/30/10, if already not require the use of E-Verify, enrolled) confirming that responsible but does place additional employees have completed the DHS statutory obligations on E-Verify tutorial. Employers also must employers within the state that attest that they have posted do use E-Verify (effective applicable E-Verify and OSC notices 1/1/10). at the workplace. Consistent with the DHS’s MOU entered into by E-Verify participants, employers are prohibited from terminating employees prior to receiving a final non-confirmation of employment authorization from E- Verify and from using E-Verify to prescreen employment applicants. Indiana SEA 590, Ind. Code §4-3-22-17 Private employers may not claim or SEA 590 requires state agencies, A state agency or political (effective 6/30/11). receive a deduction or credit for a political subdivisions, contractors of subdivision may not enter into or listed or other statewide tax, property any tier with public contracts for renew a public contract for tax exemption, deduction or credit, or services with the state or a political services with a contractor unless loan from the state unless they enroll subdivision, and certain business the public contract contains a in E-Verify. entities to use E-Verify. provision requiring the contractor to enroll in and verify the work eligibility status of all its newly hired employees through the E- Verify program, and unless the contractor signs an affidavit affirming that the contractor does not knowingly employ an unauthorized alien. Iowa SF 562 (effective 5/27/09). N/A N/A Any business that receives economic development assistance from the state must be subject to contract provisions stating that all of its employees either are US citizens who reside within the United States or are authorized to work in the United States pursuant to federal law, including legal resident aliens. Kansas N/A N/A N/A N/A

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State Law and Effective Dates Private Employers Public Employers State Contractors

Kentucky N/A N/A N/A N/A Louisiana HB 342 (Act 376); HB 646 (Act All private employers must either use N/A All private contractors who want to 402) (effective 8/15/2011) E-Verify or retain copies of certain do business with a state or local identity and work authorization public entity must use E-Verify. documents. Maine N/A N/A N/A N/A Maryland N/A N/A N/A N/A Massachusetts N/A N/A N/A N/A Michigan N/A statewide but consult N/A N/A N/A local/municipal requirements. Minnesota Finance Omnibus Bill (effective N/A N/A (expired 4/4/2011) A contract for services valued in 7/20/2011). excess of $50,000 must require certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota. This section does not apply to contracts entered into by the State Board of Investment.

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State Law and Effective Dates Private Employers Public Employers State Contractors

Mississippi Mississippi SB 2988, Miss. Code State agencies and employers with at Applies. See Private Employers note. Applies. See Private Employers Ann. §71-11-1 et seq. mandates least 250 employees were required to note. E-Verify participation for be in compliance by 7/1/08; Mississippi employers. (effective employers with 100 to 249 7/1/2008) employees were required to comply by 7/1/09; employers with 30 to 99 employees were required to comply by 7/1/10; and all employers were required to comply by 7/1/11. Penalties include loss of public contracts for up to three years, loss of licenses for up to one year, or both. The statute’s definition of “employee” appears to limit the scope of the law to individuals hired to perform work within the state of Mississippi, and to limit applicability to those employers who report income paid to employed or contracted personnel in Mississippi.

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State Law and Effective Dates Private Employers Public Employers State Contractors

Missouri Missouri HP 1549 (effective N/A HB 1549 (signed 7/7/08) makes it The law allows the state to 1/1/09). mandatory for all state agencies and terminate contracts with local governments in Missouri, as well businesses that hire illegal as private contractors with the state, to workers, to withhold up to 25 use E-Verify for newly hired workers. percent of the value of contracts with these businesses, and to 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. Additional provisions relate to limitations on public benefits, immigration training for state police, and prohibitions on misclassifying workers as independent contractors when the employers knew that the workers should be classified as employees. Montana N/A N/A Nebraska L403 (effective 10/1/09). N/A unless receiving state economic Public employers (i.e., state agencies Contractors to register with and incentives. and political subdivisions) to register use the E-Verify program to with and use the E-Verify program to determine the employment determine the employment eligibility of eligibility of new hires. new hires. Nevada AB 383 (effective 6/2/07). Administrative fines for those See Private Employers note. See Private Employers note. business licensees that are found, by DHS, to employ illegal aliens. The bill also requires verification of an employee’s Social Security number within six months of hire. New Hampshire N/A N/A N/A N/A New Jersey N/A N/A N/A N/A New N/A N/A N/A

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State Law and Effective Dates Private Employers Public Employers State Contractors

New York N/A statewide but consult N/A N/A N/A local/municipal requirements. North Carolina HB 36 (signed 6/23/11) and SB HB 36 requires private employers HB 36 requires North Carolina See Private Employers 1523 (enacted 2006). with at least 25 employees, and all counties and cities to register and counties and cities to use E-Verify to participate in E-Verify by 10/1/11. SB verify the work authorization of newly 1523 requires all state agencies, hired employees. Private sector offices and universities to use E-Verify employers with 500 or more for employees hired on or after 1/1/07, employees are required to participate except for employees of local by 10/1/12; employers with 100 to education agencies hired on or after 499 employees are required to 1/1/07. participate by 1/1/13; and employers with 25 to 99 employees are required to participate by 1/1/13. North Dakota N/A N/A N/A Ohio N/A N/A N/A N/A Oklahoma HB 1804 (effective 11/1/2007); N/A The Court of Appeals lifted parts of the Applies. currently enjoined in part. injunction in February 2010, allowing Oklahoma to enforce the requirement that state, county and municipal governments and those who contract with the state use E-Verify to prove the legal status of all new hires. Oregon N/A statewide but consult N/A N/A local/municipal requirements. Pennsylvania Public Works Employment N/A State contractors and subcontractors See Public Employers Verification Act (effective must enroll and use E-Verify. “Public 1/1/2013) work” is defined as “construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of $25,000, but shall not include work performed under a rehabilitation or manpower training program.” Potentially broader reach with subcontractors.

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State Law and Effective Dates Private Employers Public Employers State Contractors

Rhode Island Executive Order 11-01 (effective N/A N/A N/A NOT REQUIRED 1/5/11) rescinded EO 08-01 that required the use of E-Verify. South Carolina HB 4400 (signed 6/4/08); Act 69 House Bill 4400, the South Carolina Applies. Applies. (effective 1/1/12) Reform Act, requires all South Carolina employers to use E-Verify. On June 27, 2011, Governor Nikki signed into law amendments requiring all employers to enroll in the E-Verify beginning January 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days of hiring. In addition, employers may no longer confirm new workers’ employment authorization with a driver’s license or state identification card. South Dakota N/A N/A N/A N/A

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State Law and Effective Dates Private Employers Public Employers State Contractors

Tennessee HB 1378, The Tennessee Lawful Requires employers either to register Applies. (effective 1/1/12). An employer of an individual other than Employment Act (signed 6/7/11). with and use E-Verify, or to request an employee paid directly or indirectly from the employee and retain a by the employer for the individual's photocopy of one document from a labor or service must comply with HB list of acceptable documents in 1378 as with an employee. addition to fulfilling the federal Form I- 9 requirements. The law will be phased-in according to employer size: 500+ employees on 1/1/12, 200 to 499 employees on 7/1/12, and 6 to 199 employees on 1/1/13. HB 729 (signed 6/1/07) provides for the suspension of the business license of an employer for knowingly hiring an illegal alien. For a first violation, the company’s license would be suspended until the illegal worker is terminated. For second and subsequent violations, the suspension would be for one year. As with the Arizona law, the employer’s participation in the federal government’s E-Verify program serves as a defense to a claim that the employer has violated the law. Texas HB 1196 (effective 11/15/07). N/A Provides that a public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division or department of the business, does not and will not knowingly employ an undocumented worker.

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State Law and Effective Dates Private Employers Public Employers State Contractors

Utah SB 81 (effective 7/1/2009); SB Establishes guest worker program, Must use E-Verify or SSNVS. Must use E-Verify or SSNVS. 251 (effective 7/1/2010); HB 116 upon federal approval, and requires (signed 3/7/2011). E-Verify or similar verification. Employers of 15 or more employees must use a “status verification system” (E-Verify or SSNVS) to verify legal working status of every new hire. Foreign national employees in H-2A or H-2B nonimmigrant status are excluded. Vermont N/A N/A N/A N/A Virginia HB 737 (effective 12/1/12). N/A State agencies to enroll in the E-Verify N/A Program and to use it for each newly hired employee who is to perform work within the Commonwealth. Washington N/A statewide but consult N/A N/A N/A local/municipal requirements. West Virginia W. Va. Code 21-1-1 et seq. Requires employers to verify a Requires employers to verify a N/A prospective employee's legal status prospective employee's legal status or or authorization to work prior to authorization to work prior to employing the individual or employing the individual or contracting contracting with the individual for with the individual for employment employment services. services. Wisconsin N/A N/A N/A N/A Wyoming N/A N/A N/A N/A

*Revised 8/28/2012. This survey represents a summary of a developing area of law and it is not designed as a substitute for legal advice. While we endeavor to ensure that the information is timely and accurate, we do not warrant it as such. Use of this survey does not create an attorney-client relationship.

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