Virginia, New Jersey and Maryland Consider E-Verify Laws

While E-Verify remains voluntary at the federal level (except for certain federal contractors), individual states have been active in requiring E-Verify for employers. Arizona and Mississippi (phasing in through July 1, 2011) have laws requiring E-Verify of all employers. By July 1, 2010, South Carolina’s law requiring employers to either use E-Verify or review a qualifying driver’s license will be entirely phased in. Several other states purport to require E-Verify of public employers and/or government contractors (including Georgia, Minnesota, Oklahoma and Missouri).

Among the states considering requiring E-Verify are Virginia, New Jersey and Maryland. The Virginia state legislature has passed a bill that requires state agencies to enroll in E-Verify starting December 1, 2012. As originally proposed, the law would have required employers with 15 or more employees to use E-Verify. However, the law was amended before passage and E-Verify for private employers in Virginia will remain voluntary. Meanwhile, the Maryland General Assembly is considering legislation that would require all state and local contractors in Maryland to use E-Verify. Finally, a bill was introduced in the New Jersey State Senate on February 18 to require every employer to verify the employment eligibility of new employees through the E-Verify program (see the March 2010 issue of the New Jersey eAuthority). Employers need to continue to monitor federal and state law developments to determine the applicability of E-Verify requirements to their businesses.