State E-Verify Laws Popular

Some states have very quietly passed mandatory E-verify legislation like North Carolina and Tennessee and some have been much louder making national headlines like Georgia and Arkansas.

As the list of states who are passing E-verify laws for all employers continues to grow, we thought it would be helpful to compile a list of of those states that have passed this type of law,

The reach of the legislation varies from state to state, some laws only apply to government contractors and the start and conditions of enforcement vary. If you’d like to see a summary of the law in your state click here and then select your state on the map.

The enforcement date listed on our chart is the date the law will be enforced for employers that have a smaller workforce.

State Name Bill ID Date Effective  All Employers
Idaho Exec Order 2006-40 3/11/2006 NO
Nevada AB 383 6/2/2007 YES
Arizona HB 2779 1/1/2008 YES
Utah SB 251 7/1/2010 YES
Colorado HB 06-1343 8/7/2006 NO
Nebraska LB 403 10/1/2009 NO 
Oklahoma HB 1804 11/1/2007 NO
Texas HB 1196 9/1/2007 NO
Minnesota Exec Order 08-01 1/29/2008 NO
Iowa SF 562 7/1/2007 NO
Missouri HR 1549 1/1/2009 NO
Arkansas HB 1024 8/1/2007 NO
Louisana SB 753 6/23/2006 NO
Illinois HB 1744 1/1/2008 TBD
Tennessee HB 1378 7/1/2013 YES 
Mississippi SB 2988 7/1/2008 YES
Indiana SEA 590 7/1/2011 YES 
Michigan SB 229 10/31/2007 NO
Alabama HB 56 6/9/2011 YES
Georgia HB 87 7/1/2013 YES
S. Carolina S 20 6/27/2011 YES
N. Carolina HB 36 6/23/2011 YES 
Virginia HB 737 3/11/2008 NO
West Virginia WV Code 21-1B-2 4/19/2007 YES
Pennsylvania HB 2319 7/1/2006 NO
Connecticut SB 931 10/1/2007 NO
Massachusetts Exec Order 481 2/23/2007 NO
N. Hampshire HB 1278 1/1/2007 YES
Hawaii HB 1750 7/1/2007 YES

Some helpful links concerning E-verify,

Start using E-verify here

USCIS defines E-Verify

USCIS FAQs about E-verify

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Questioning Wage Hour

In a recent web chat with Wage Hour Division personnel, these are the kinds of questions H-2B employers were asking,

[Comment From Bill Zammer Bill Zammer: ] 

Is the Dept of Labor trying to end the H2B program? if not why these onerous new regulations?

  WHD: Thank you for your question, Bill. The Department’s responsibility for the H-2B program is administration and enforcement of the program provisions. The Department is statutorily required to ensure the employment of H-2B workers does not adversely affect the employment of similarly employed U.S. workers. We encourage you to join tomorrow’s web chat with the Employment and Training Administration at 1:30 ET. 

 

 
  [Comment From Elizabeth HeadCan you please give me the names of those in DOL who are working on the proposed rule changes, or should I just speak with my Congressional Representatives and Senators?

 

Wednesday July 13, 2011 1:22 Elizabeth Head

 

 
  [Comment From Mike KennedyI am in the lodging business. We are a seasonal operation. Without H2b workers we are out of business. Is the labor department trying to shut down that program.

 

Wednesday July 13, 2011 1:22 Mike Kennedy

 
   [Comment From JesusThe H2B Program – Why do you want to eliminate the program? Your are asking for comments but you don’t take any consideration of them.

 

Wednesday July 13, 2011 1:22 Jesus

   WHD: Elizabeth, Mike, and Jesus, please see the response provided above for Bill at 1:20 

Wednesday July 13, 2011 1:23 WHD

 
   [Comment From Paul FredellI discourage DOL from moving forward with costly and restrictive new H2B regulations, it will close down my landscape business and it will have an economic impact as well.

 

Wednesday July 13, 2011 1:37 Paul Fredell

 

1:37
  [Comment From VandraCan you touch upon any changes that may impact the H2B employers?

 

Wednesday July 13, 2011 1:37 Vandra

 
    [Comment From MargeMy company is a seasonal employer which utilizes the H-2B visa program. According to the updated FLC Wage Library for Prevailing Wages – a Mean Wage (H-2B) has been added for the OES/SOC code of 37-3011 will this be the prevailing wage for all H-2B visas regardless of the experience or education requirements of the employer.

 

Wednesday July 13, 2011 1:37 Marge

 

 
  [Comment From JesusH2B Program – Small business owners are screaming for a real open discussion. You don’t have any idea of what’s going on. When are you going to address the economic impact of the new regulations? Small Businesses are going to shut down because of your lack of vision

 

Wednesday July 13, 2011 1:37 Jesus

 
   [Comment From JoshIn regards to the H2B program, and effect that it will have on the economy. Can you please explain how the department of labor came to the conclusion that the wage increase will not impact the economy more than 100 million dollars

 

Wednesday July 13, 2011 1:37 Josh

[Comment From G Stanek ] 

As the owner of a landscaping business who expends great effort and expense to host legal guest workers for seasonal positions, I don’t understand how recent changes to the H2-B program will be beneficial for anybody; least of all employers who are trying to maintain their businesses and employees during this time of economic upheaval.

[Comment From Theresa

Why did the DOL increase the wages of H2B workers with no relation to economic condidtions & then accelerate this increase by 3 months, making it effective Oct 1st, 2011 instead of Jan 1, 2012. It seems that the effort is to make the H2B program unusable when small businesses like mine depend on it.

I think you get the idea. With no real answers or relief in sight it is now more important than ever for H-2B employers to unite and collectively fight.