A growing number of states are considering legislation that would require more employers to use E-Verify, the federal system used to confirm that new hires are authorized to work in the United States. These proposals suggest a broader trend toward increased immigration-related employment compliance and may impact how businesses manage their hiring practices, particularly in sectors with large immigrant workforces.
Expanding E-Verify Requirements
In 2025, legislators in over a dozen states have introduced or advanced bills that would expand the use of E-Verify. Some states, such as Idaho, Indiana, Kansas, Montana, and Texas, are exploring new mandates that would apply to all employers. Others are building on existing laws by lowering employer size thresholds or increasing penalties for noncompliance.
For example, Florida currently requires private employers with 25 or more employees performing services in Florida to use E-Verify. New proposals in the state would extend the requirement to all employers, apply verification obligations to independent contractors, and propose higher fines and the potential revocation of business licenses for violations.1
Impact on Employers
These proposals are particularly relevant for industries that rely on a significant number of foreign-born workers, such as agriculture, hospitality, construction, and healthcare. In several states, representatives from these sectors have raised concerns about the operational challenges associated with mandatory E-Verify use.
While E-Verify is currently mandatory only in a few states, it remains optional at the federal level for most private-sector employers, with certain exceptions, including but not limited to, employers with federal contracts. However, national policy discussions continue, with some lawmakers advocating for a broader federal mandate.
Federal Developments
The push for expanded E-Verify use is occurring alongside other immigration enforcement efforts, including worksite inspections and proposed changes to immigration programs that could affect work authorization for certain populations. A federal E-Verify mandate was previously included in immigration legislation, but it did not advance. Nonetheless, similar proposals continue to be introduced, with the most recent federal bill being introduced last month.
Employers may face additional uncertainty as state and federal discussions unfold, particularly where there are delays in visa processing or changes to Temporary Protected Status (TPS) and other programs affecting employment eligibility.
Considerations for Employers
Given the evolving landscape, employers should consider:
- Reviewing Form I-9 procedures to enhance accurate and compliant employment eligibility verification practices.
- Evaluating E-Verify enrollment and usage processes, especially in states where legislation is pending or likely.
- Training HR and compliance personnel on the potential changes and how they may affect onboarding and recordkeeping.
- Monitoring legislative activity in states where their organizations operate or have a significant workforce.
- Implementing workforce planning strategies, including alternative hiring or mobility options, where appropriate.
As state-level E-Verify proposals continue to emerge, employers are encouraged to stay informed and prepare for the possibility of new compliance obligations. Early preparation may help minimize disruption and ensure alignment with both state and federal employment verification requirements.
Footnote
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
