E-Verify is quickly becoming the not-so-voluntary system of choice for verifying new hires’ eligibility to work in the United States. Regardless of whether or not you believe the system is “fast, free, and easy” or “too flawed to be mandatory,” the reality is that many employers are required to use E-Verify through an ever-expanding web of state requirements. There are currently 9 states which require E-Verify for all or most employers; 8 states which require E-Verify for public employers, contractors, and/or both; and 5 states which require employers to use E-Verify in certain local or municipalities. The following states have new E-verify laws now in effect as of January 1, 2012: Alabama (Act No. 2011-535), Georgia (HB 87), Louisiana (Act 376 and Act 402), South Carolina (Act 69), and Tennessee (HB 1378). Employers need to make a coordinated effort to successfully manage their I-9 and E-Verify obligations by working closely with experienced immigration counsel to ensure compliance with both state and federal rules. In addition, employers are advised to use an integrated I-9/E-Verify system, which can automatically control the submission of I-9s to E-Verify by work location or impose other state-specific rules.
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