The patchwork of state-level E-Verify requirements continues to expand in 2026, with several states passing new legislation mandating electronic work authorization verification for broader categories of employers. While federal E-Verify remains voluntary for most private employers, the state-level trend is making it effectively mandatory in major employment markets.
What Employers Need to Know
State requirements vary dramatically — some mandate E-Verify for all employers, others only for government contractors or companies above certain employee thresholds. Penalties for non-compliance range from fines to loss of business licenses. Combined with updated I-9 requirements and USCIS site visits, employer compliance obligations are at an all-time high.
TPS and EAD Verification
Employers must be particularly careful when verifying TPS holders whose work permits may have been extended by court orders. Using incorrect expiration dates in E-Verify can create compliance issues — follow USCIS guidance on notation requirements.