2013 E-Verify Requirements for Employers

2013 E-Verify Requirements for Employers
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E-Verify is a program operated by the Department of Homeland Security in conjunction with the Social Security Administration. It is a web-based system that verifies an employee’s eligibility for employment based on the credentials presented to the employer upon completion of the Form I-9. While still largely a voluntary program, some states have mandated its use. Here is a summary of states with 2013 deadlines.

States With E-Verify Deadlines for Employers in 2013

Georgia: The Georgia Illegal Immigration Reform and Enforcement Act of 2011 (HB 87) mandated that private employers with over 10 employees to register with and use the federal work authorization program, otherwise known as E-Verify. The mandate’s first effective date is on January 1, 2012 for Georgia businesses with over 500 employees. Succeeding dates are July 1, 2012 for employers with 100-499 employees; and July 1, 2013 for employers with 10-99 employees.

North Carolina: In 2011, the North Carolina General Assembly enacted HB36 that required businesses in the state with 25 or more employees to use the federal E-Verify electronic employment eligibility verification program on all new hires. The State is using a phased approach to this requirement, beginning with an October 1, 2012 start date for employers with 500 or more employees; January 1, 2013 for those with 100-499 employees; and July 1, 2013 for employers with 25-99 employees.

Pennsylvania: SB637, enacted in July 2012, requires all public works state contractors and subcontractors with contracts worth $25,000 or more to enroll and use E-Verify by January 1, 2013.

Tennessee: The Tennessee Lawful Employment Act (HB1378) requires all employers with more than 5 employees to use E-Verify to confirm employment eligibility. A phased-in approach was used: private companies with more than 500 employees were to verify employees beginning January 1, 2012; 200-499 employees beginning July 1, 2012; and finally, employers with six to 199 employees beginning January 1, 2013. The Act also requires employers to maintain a copy of an acceptable document (as listed in HB1378) of non-employees paid directly by the employer in exchange for labor or services.

The National Conference for State Legislatures provides a complete list of state-specific information about E-Verify. Click here for more information.

Note that the extensive responsibilities that come with using E-Verify makes it best practice for employers to first consult with Legal Counsel if they believe their state require its use. It is also important to remember that E-Verify requirements do not remove the responsibility for employers to complete Form I-9s for all new hires.

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