Minnesota Drops E-Verify, Virginia Adds E-Verify

Tracking the myriad of state laws regarding E-Verify remains a challenge. Arizona and Mississippi have the broadest E-Verify laws. Other states have laws that require some or all employers to use E-Verify or use an acceptable alternative, for example a qualifying driver’s license (South Carolina) or the Social Security Number Verification Service (Utah). Several other states have requirements that may require E-Verify for state agencies and certain government contractors.

Minnesota had been included among the states which required state agencies and certain government contractors to use E-Verify. However, Governor Mark Dayton decided not to extend the Executive Order issued by former Governor Tim Pawlenty which gave rise to the E-Verify requirement. Thus, E-Verify is once again voluntary for Minnesota government agencies and contractors, unless such contractors are also a federal contractor subject to the President’s Executive Order (see the September 8, 2009 issue of the Immigration eAuthority).

Meanwhile, Virginia Governor Bob McDonnell is requiring state agencies to begin using E-Verify on July 1, 2011. Virginia had recently passed a law that required state agencies to enroll in E-Verify starting December 1, 2012. The Governor’s action moves up the requirement by 17 months. The Virginia legislature previously contemplated requiring private employers with 15 or more employees to use E-Verify. However, that requirement was never adopted and E-Verify for private employers in Virginia remains voluntary.