New State E-Verify Laws Recruiters Should Watch for in 2013

If you have never had to E-Verify a contractor before, you may have to start in the New Year.

E-Verify is an online federal system that checks information from Form I-9 (Employment Eligibility Verification) against records from the Social Security Administration and Department of Homeland Security to verify that they are eligible to work in the United States. The federal government only requires employers under federal contracts to use E-Verify, but many employers are required by state or local law to use it.

According to Clark Hill's Nov. 15 Immigration Law Update, four additional states will start requiring E-Verify on January 1:

  1. North Carolina - E-Verify becomes mandatory for private employers with 100 or more employees.

  2. Pennsylvania - Employers must use E-Verify if they are state public works contractors or subcontractors with contracts worth $25,000 or more

  3. Tennessee - E-Verify becomes mandatory for private employers with between six and 99 employees.

In addition, employers in Georgia with between 11 and 99 employees will be required to start running new hires through E-Verify by July 1, 2013. Employers in the state with more than 500 employees had to start using the system on January 1, 2012, and those employing more than 100 were required to use the system starting July 1, 2012.

As more states pass E-Verify laws, the number of employers not required to use it is dwindling.  If you have contractors and run your own back-office, you are responsible for E-Verify compliance, so be sure you know if E-Verify is required in the states and localities where you place contractors.  If you outsource your back-office, you will want to double check to make sure your back-office is running contractors through E-Verify when required.

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Tags: I-9/E-Verify

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