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S 4620

Mandatory E-Verify Act of 2026

119th Congress Introduced by Marsha Blackburn and 9 co-sponsors

Mandates nationwide, phased E-Verify use for all employers, with enhanced penalties, fraud safeguards, and expanded data-sharing to verify identity and work authorization.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4620

Summary of S.4620: Mandatory E-Verify Act of 2026

Purpose and intent

  • Establish a permanent, nationwide E-Verify employment eligibility verification system.
  • Mandate use of E-Verify by all employers and related entities for hiring, recruitment, referral, and continuation of employment.
  • Strengthen verification, increase penalties for noncompliance, and enhance protections against identity fraud, while preserving certain due process and good-faith protections.

Key provisions and changes

  • Establishment and operation of permanent E-Verify

    • Amends Section 274A(d) of the Immigration and Nationality Act to permanently establish E-Verify, building on the existing pilot program.
    • Requires E-Verify to handle inquiries about identity and employment eligibility via website, mobile app, or other media, and to maintain records of inquiries, verifications, and compliance codes.
    • Sets standards for reliability, privacy, security, anti-discrimination safeguards, identity theft prevention, and restricted verification subjects (employees, recruits, and certain individuals seeking to self-verify).

  • Verification process and timelines

    • Initial confirmation or tentative nonconfirmation within 3 business days of inquiry; tentative nonconfirmations trigger a secondary verification process with a final determination within 10 business days (extendable by up to 10 more days in limited cases).
    • Notifications to employees and employers with guidance on secondary verification and extensions.
    • Final confirmation or nonconfirmation is code-documented in the system; if final nonconfirmation occurs, employment must be terminated within 3 business days.

  • Mandatory scope and phased implementation

    • Employers must use E-Verify for new hires according to a staggered timeline based on employer size, with exact dates tied to enactment:
    • 6 months after enactment for workplaces with 10,000+ employees (U.S.-based).
    • 9 months for 500–9,999 employees.
    • 1 year for 20–499 employees.
    • 18 months for 1–19 employees.
    • The rule also applies to recruitment/referral in most cases starting 1 year after enactment.
    • Agricultural workers are exempt until 18 months after enactment.
    • Critical infrastructure roles may be subject to E-Verify after 6 months.
    • Use of contract labor requires contract provisions certifying E-Verify compliance.
    • Transitional rules convert existing pilot/other programs to the permanent E-Verify framework.

  • Penalties and enforcement

    • Failure to use E-Verify or providing false information: treated as violations of the INA’s employer verification provisions, with penalties.
    • Enhanced penalties for unauthorized employment: increased fines, potential disbarment from federal contracts, and related remedies.
    • Criminal penalties for patterns of violations: up to $30,000 per unauthorized alien, imprisonment up to 18 months, or both.
    • Good-faith defense to certain violations if the employer demonstrates reasonable, secure verification practices; potential reductions or waivers for good-faith efforts.

  • E-Verify self-check and verification improvements

    • Establish a secure self-verification option for individuals to check their own eligibility, with privacy protections and mechanisms to correct information.

  • Preemption and state/local government

    • Prohibits states from blocking the use of E-Verify; explicitly preempts state requirements that would prohibit E-Verify use.

  • Access to information and interagency coordination

    • Expanded access for federal and state cooperation, including sharing driver’s license data, Social Security data, and other government records to support verification.
    • Allows information sharing with DHS, SSA, State Department, and others to improve accuracy.

  • Fraud prevention and SSA program protection

    • Programs to block compromised or misused Social Security numbers from E-Verify; procedures to suspend or limit misuse, with victim-protection measures.
    • Provisions to protect SSA programs and ensure proper funding for SSA-related duties.

  • Audits and oversight

    • IG audits of identified entities and processes related to E-Verify verification and wage reporting.
    • Audits to uncover identity fraud, misused SSNs, and mismatches, with reporting to Congress.

  • Recruitment, referral, and continuation rules

    • Revisions to recruitment and referral practices to align with mandatory E-Verify; eliminates certain fees and tightens conditions for referrals and continued employment.

  • Definitions and technical adjustments

    • Recasts various terms (agricultural labor, date of hire, recruit, refer, unauthorized alien) within 274A, and adds new definitions and regulations around verification, documentation, and allowable usage.

Who would be affected

  • Employers across all sectors (with phased-in application by size).
  • Employees, job applicants, and individuals referred for employment.
  • Federal, state, and local government agencies in their enforcement and cooperation roles.
  • Contractors and entities using labor through contracts and subcontracting.
  • Agencies handling Social Security, Homeland Security, State Department records, and motor vehicle records for verification data.
  • Agricultural employers and workers would have a delayed compliance timeline.

Procedural and timeline notes

  • Effective dates are tied to the date of enactment, with staged compliance for employers based on size.
  • Transition from pilot to permanent E-Verify is codified; references to prior pilot programs would be treated as E-Verify under this Act.
  • Annual and initial reports to Congress required, including program status, cost, and performance metrics.
  • Early compliance options: former E-Verify users and federal contractors would need to adopt E-Verify sooner; voluntary early compliance available for others.
  • A 90-day transition window for transition provisions to take effect upon enactment.

Bottom line

S.4620 would make E-Verify mandatory nationwide for almost all employers, with a structured, phased rollout, enhanced penalties for noncompliance and unauthorized employment, robust fraud prevention and data-sharing provisions, and several protections aimed at privacy and good-faith compliance. It would significantly expand the federal employment verification framework previously operated as a pilot and broaden the scope of data and processes used to confirm identity and work authorization.

Compiled from official sources — confirm details with the bill’s official record.

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