This legislation permanently establishes the E-Verify employment eligibility verification system, transitioning it from a pilot program. The system is designed to respond to inquiries about an individual's identity and employment authorization within three business days, with a secondary verification process for tentative non-confirmations. E-Verify aims to maximize reliability, ease of use, and privacy, while also including safeguards against discriminatory practices and identity theft. It will verify identity and authorization by comparing records from various federal and state agencies, including the Department of Homeland Security, Social Security Administration, Department of State, and IRS. The bill mandates the use of E-Verify for all employers, recruiters, and referrers in the United States, with a phased implementation based on employer size. Larger employers must comply sooner, while smaller businesses have more time, and agricultural labor is granted an extended period. Entities involved in critical infrastructure are also required to use the system within six months. Employers utilizing contract labor must certify that all parties involved use E-Verify. Non-compliance with E-Verify, including providing false information, will result in significantly enhanced civil and criminal penalties . Civil fines are substantially increased, and repeat violators may face debarment from federal contracts, grants, or cooperative agreements. The bill establishes a rebuttable presumption of violation if an employer continues to employ an individual after receiving a final non-confirmation. The E-Verify process requires employers to attest to verification, examine specific documents, and match photos, with provisions for digital verification and conditional job offers. To combat fraud and misuse of documents , the bill directs the establishment of programs to block misused Social Security numbers (SSNs), allow individuals to suspend their SSN use, and enable parents to protect minors' SSNs from identity theft. Federal agencies are mandated to provide access to relevant records for E-Verify purposes, including IRS Employer Identification Number data. States are encouraged to share driver's license and identity card information, with federal economic development and community development block grants conditioned on such cooperation. This legislation also preempts state or local laws that prohibit the use of E-Verify.
Read twice and referred to the Committee on the Judiciary.
Immigration
Mandatory E-Verify Act of 2026
USA119th CongressS-4620| Senate
| Updated: 5/21/2026
This legislation permanently establishes the E-Verify employment eligibility verification system, transitioning it from a pilot program. The system is designed to respond to inquiries about an individual's identity and employment authorization within three business days, with a secondary verification process for tentative non-confirmations. E-Verify aims to maximize reliability, ease of use, and privacy, while also including safeguards against discriminatory practices and identity theft. It will verify identity and authorization by comparing records from various federal and state agencies, including the Department of Homeland Security, Social Security Administration, Department of State, and IRS. The bill mandates the use of E-Verify for all employers, recruiters, and referrers in the United States, with a phased implementation based on employer size. Larger employers must comply sooner, while smaller businesses have more time, and agricultural labor is granted an extended period. Entities involved in critical infrastructure are also required to use the system within six months. Employers utilizing contract labor must certify that all parties involved use E-Verify. Non-compliance with E-Verify, including providing false information, will result in significantly enhanced civil and criminal penalties . Civil fines are substantially increased, and repeat violators may face debarment from federal contracts, grants, or cooperative agreements. The bill establishes a rebuttable presumption of violation if an employer continues to employ an individual after receiving a final non-confirmation. The E-Verify process requires employers to attest to verification, examine specific documents, and match photos, with provisions for digital verification and conditional job offers. To combat fraud and misuse of documents , the bill directs the establishment of programs to block misused Social Security numbers (SSNs), allow individuals to suspend their SSN use, and enable parents to protect minors' SSNs from identity theft. Federal agencies are mandated to provide access to relevant records for E-Verify purposes, including IRS Employer Identification Number data. States are encouraged to share driver's license and identity card information, with federal economic development and community development block grants conditioned on such cooperation. This legislation also preempts state or local laws that prohibit the use of E-Verify.