Employers use the E-Verify online system to confirm that an employee is eligible to work in the United States. In some cases an employer is required to enroll in E-Verify, but in other cases participation is voluntary.

All employers enrolled in E-Verify must display the E-Verify and Right to Work posters. This requirement is found in the E-Verify Memorandum of Understanding for Employers:

A. RESPONSIBILITIES OF THE EMPLOYER

1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system:

• Notice of E-Verify Participation
• Notice of Right to Work

An employer participating in E-Verify that does not display the required poster could face:

• Loss of a federal contract, if E-Verify participation is required under their federal contract
• Termination of E-Verify participation
• A state fine, if the employer fails to participate in E-Verify as required by state law

E-Verify itself cannot fine employers. In cases of E-Verify abuse, misuse, discrimination, and/or fraud, E-Verify may recommend that a participant be referred to agencies that investigate illegal employer activities. (It is unlikely that failure to display an E-Verify poster would merit this type of action. This would more likely occur if an employer was using E-Verify to discriminate against job applicants.)

All employers enrolled in E-Verify must display the E-Verify and Right to Work posters.

Employers are required to enroll in E-Verify if they:

• Have a covered federal contract
• Are in a state requiring E-Verify participation

Some states require all employers to enroll in E-Verify, but most require E-Verify for a specific group of employers:

• Alabama: All employers
• Arizona: All employers
• Colorado: State contractors
• Florida: Employers with 25 or more employees and all public employers
• Georgia: Employers with 10 or more employees and all public employers
• Idaho: State agencies
• Indiana: State and local government agencies, state contractors and grantees
• Louisiana: All employers that do not retain copies of employee documents
• Michigan: State contractors
• Minnesota: State contractors
• Mississippi: All employers
• Missouri: Private employers receiving state tax credits, all public employers and contractors
• Nebraska: State and local governments and contractors and private employers receiving state tax credits
• North Carolina: Private employers with 25 or more employees, public employers, contractors, and subcontractors
• Oklahoma: State and government agencies, state contractors
• Pennsylvania: State contractors
• South Carolina: All employers
• Tennessee: Employers with 35 or more full-time employees
• Texas: State agencies and state contractors
• Utah: Employers with 15 or more employees
• Virginia: State agencies and some state contractors
• West Virginia: Employers with employees who work at the state capitol

Explore our full line of Federal and State Labor Law Posters

The Federal Acquisition Regulation requiring E-Verify will be included in a contract when:

• The contract has a period of performance that is for 120 days or more;
• The contract has a value exceeding $150,000;
• At least some portion of the work under the contract is performed in the United States.

The E-Verify Federal contractor rule requires certain Federal prime contractors to require their subcontractors to use E-Verify when:

• The prime contract includes the Federal Acquisition Regulation (FAR) E-Verify clause;
• The subcontract is for commercial or noncommercial services or construction;
• The subcontract has a value of more than $3,500; and
• The subcontract includes work performed in the United States.