E-Verify requirements by state: which states require employers to use it?
US state law as of 31 October 2026. This page states only what we read on official sources that day. Laws change; check the official source.
Of the ten states on our hub, we confirmed a private-employer E-Verify mandate in two: Florida (private employers with 25 or more employees, from July 1, 2023) and North Carolina (employers with 25 or more employees in the state). For the other eight we could not confirm a rule from an official source, so none is stated.
For the federal Form I-9 and how E-Verify works, use the existing I-9 and E-Verify checklist. This page does not repeat it.
What does e-verify.gov say about state laws?
The E-Verify employers page (last updated 02/20/2024) did not mention state laws requiring E-Verify and had no state-specific links when we opened it. We tried other e-verify.gov addresses for a state requirements list and they did not open. So the state rules below come from state statutes, not from e-verify.gov.
Confirmed state rules
| State | Rule we confirmed | Source |
|---|---|---|
| Florida | A private employer with 25 or more employees shall use E-Verify to verify new hires, beginning July 1, 2023; public agencies must also use it | Fla. Stat. 448.095 |
| North Carolina | Each employer, after hiring an employee to work in the United States, shall verify work authorization through E-Verify; employer means one employing 25 or more employees in the state | G.S. 64-25 and 64-26 |
| California, Texas, New York, Illinois, Pennsylvania, Ohio, Georgia, Washington | Not stated: no official source opened | Check the state |
Florida details
If the Department of Commerce finds an employer did not use E-Verify as required, it gives written notice and 30 days to fix the problem. After three failures within any 24-month period it must impose a fine of $1,000 per day until the employer proves the noncompliance is cured. Noncompliance can also lead to suspension of licenses issued by agencies under chapter 120.
North Carolina details
G.S. 64-26(a) is the requirement. The text we opened showed no effective date for subsection (a). Check the General Assembly site for any later amendment.
What this does not mean
An empty cell is not a finding that E-Verify is optional. Several states have rules for public agencies or contractors that we did not confirm. Federal contractors can also have separate obligations. Ask counsel if you contract with the government.
Employer checklist
- Count employees the way the statute does.
- Check the state row for each work location.
- Run E-Verify only after the Form I-9 is complete, as the I-9 and E-Verify checklist explains.
- Keep records of each case.
FAQ
Is E-Verify required nationwide? We did not find a nationwide private-employer rule on the e-verify.gov page we opened; state and federal contractor rules can differ.
Does my state require it? Read your state page and the statute linked there.
Where are the penalties for Florida? In section 448.095(6), summarized above.
Next step: read the state hub.
Sources
- E-Verify, Employers - https://www.e-verify.gov/employers (accessed 31 October 2026)
- Florida Statutes 448.095 - link in the front matter (accessed 31 October 2026)
- North Carolina G.S. Chapter 64 Article 2 - link in the front matter (accessed 31 October 2026)
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.