E-Verify Requirements in Pennsylvania: Employer Obligations

Federal law requires all U.S. employers to verify employee work authorization through Form I-9 within 3 days of hire under 8 U.S.C. § 1324a(b). The I-9 process requires employees to present government-issued identification and proof of work authorization (such as a Social Security card, passport, or employment authorization document). E-Verify is a voluntary electronic verification system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the I-9 information provided by employees.

Federal contractors and subcontractors working on federal projects are mandated to use E-Verify under 41 U.S.C. § 4712 and Executive Order 12989 (as amended by Executive Order 14043). These covered contractors must enroll in E-Verify and verify all employees' work authorization within 3 business days of hire (or 14 days for employees hired before enrollment). Employers who use E-Verify receive a confirmation or referral from the system; a "Tentative Non-Confirmation" (TNC) means the information does not match SSA or DHS records, and the employee has 8 business days to contest the finding.

The EEOC enforces federal anti-discrimination requirements in the I-9 process; employers cannot request specific documents or treat employees differently based on national origin or citizenship status. Violations of I-9 requirements by non-contractors can result in civil penalties of $100–$1,000 per violation. Federal contractors who fail to use E-Verify face contract suspension, termination, and potential debarment from federal contracting.

Pennsylvania does not impose a state-specific E-Verify mandate beyond federal requirements. Under Pennsylvania Unemployment Compensation Law § 402 and Pennsylvania's compliance with federal immigration law, all Pennsylvania employers must verify work authorization through Form I-9 within 3 days of hire. However, Pennsylvania has not enacted a state law requiring private employers to use the E-Verify electronic system, unlike some states such as Arizona, Mississippi, and South Carolina.

Federal contractors performing work in Pennsylvania (including construction, consulting, and service contracts) are covered by the federal E-Verify requirement under 41 U.S.C. § 4712 and must comply with mandatory E-Verify verification within 3 business days of hire. These federal contractors face the same penalties under federal law—contract termination, suspension, and potential debarment—but face no additional state-level penalties specific to Pennsylvania.

Private, non-federal employers in Pennsylvania may voluntarily enroll in E-Verify through the federal system, but doing so does not shield them from I-9 compliance requirements; they must still verify work authorization through both the I-9 process and E-Verify if they choose to participate. Pennsylvania does not provide state-specific safe harbor from discrimination claims related to E-Verify use, meaning employers must ensure E-Verify is used consistently and without regard to employee national origin or citizenship status, in compliance with federal EEOC guidance.

Pennsylvania employers who fail to complete I-9 verification face federal civil penalties of $100–$1,000 per violation. There is no Pennsylvania-specific penalty structure for E-Verify non-use among private employers, but employers remain liable under federal law for document fraud, hiring of unauthorized workers, and discrimination in the verification process.

Non-federal private employers in Pennsylvania are not required to use E-Verify and cannot be penalized by the state for declining E-Verify enrollment; however, they remain subject to federal I-9 requirements. Employees who are not U.S. citizens but have valid work authorization documents (employment authorization cards, valid foreign passports with work visas, or refugee/asylee documentation) must be allowed to complete I-9 verification and cannot be denied employment based on E-Verify status alone.

Federal contractors may be exempt from E-Verify requirements if the contract value is below the applicable threshold (generally contracts under $3,000 do not trigger E-Verify mandates, though contract-specific terms apply). Work-authorized individuals who receive Tentative Non-Confirmations (TNCs) through E-Verify have the right to contest the finding within 8 business days by contacting SSA or DHS; during this dispute period, employers cannot terminate the employee solely on the basis of the TNC.

Pennsylvania employers cannot use E-Verify enrollment as a substitute for complying with anti-discrimination laws; requesting specific documents based on national origin, citizenship status, or appearance violates 8 U.S.C. § 1324b(a)(1). Employers who use E-Verify must apply the process consistently to all employees or at least all employees in the same job category to avoid discrimination claims. State and local government employees in Pennsylvania may have different I-9 verification procedures; some municipalities and agencies have their own employment verification protocols that exceed federal minimums. Independent contractors and gig workers classified as 1099 contractors generally are not subject to I-9 verification requirements, though this depends on the nature of the work relationship and applicable tax law.

Step 1 — Document all work authorization issues and E-Verify correspondence. Keep copies of the I-9 form, state ID or passport copies presented during hiring, E-Verify confirmation or Tentative Non-Confirmation (TNC) notices, any written communications from the employee challenging the TNC, and records of when E-Verify verification occurred. Maintain all documents in the employee's personnel file separate from other employment records to comply with document retention requirements (I-9s must be kept for 3 years from hire date or 1 year from termination, whichever is longer).

Step 2 — If you are a federal contractor and received a TNC or failed to enroll in E-Verify, verify compliance with your federal contract terms immediately. Contact your contract officer or the agency that awarded the contract to confirm E-Verify requirements and enrollment status. Review your company's federal contract language to determine the specific E-Verify deadline and verify whether your subcontractors are also compliant. Document all corrective actions taken and notify the federal agency if there were delays or non-compliance.

Step 3 — For federal contractor non-compliance, file a corrective action notice with your federal contract officer and the Wage and Hour Division (WHD). For I-9 violations by any Pennsylvania employer, the Department of Homeland Security Immigration and Customs Enforcement (ICE) enforces the rule and may initiate an audit. You can request an I-9 audit proactively to identify violations before enforcement action begins. File with ICE's Form I-9 Inspection Program at workplaces.ice.gov or by calling 1-844-363-1423. Provide copies of all I-9 forms, E-Verify records, and any TNC documentation. The deadline to respond to an ICE audit is typically 10 days; failing to respond can result in fines of $100–$1,000 per violation.

Step 4 — Expect an ICE investigation that may include a physical inspection of personnel files, interviews with employees and managers, and a detailed review of I-9 completion accuracy and timeliness. E-Verify matches are checked against submitted records; mismatches or missing documentation result in violation notices. The investigation typically takes 1–3 months; during this time, you must preserve all employment records. If the investigation identifies non-compliant I-9s, you will receive a Notice of Findings (NOF) detailing violations and proposing penalties. Federal contractors may face additional action including contract suspension, debarment from federal contracting, and referral to the Office of Inspector General (OIG) for further investigation.

Step 5 — Consult an immigration employment attorney immediately if you are a federal contractor facing debarment or penalty, or if you are any employer facing an ICE I-9 audit with significant violations. An immigration attorney can represent you during the investigation, negotiate settlement agreements to reduce penalties, and ensure compliance with future E-Verify and I-9 requirements. If employees are identified as work-unauthorized, consult a labor and employment attorney regarding termination procedures, potential legal liability, and documentation of compliance. An attorney can also review your I-9 and E-Verify policies to prevent future violations.