Is E-Verify Mandatory in Colorado- A Comprehensive Look at the State’s Employment Verification Laws

Does Colorado require E-Verify? This is a question that has been on the minds of many employers and employees in the state. E-Verify is a federal program that allows employers to verify the employment eligibility of their workers by comparing information from Form I-9 to data in government records. While E-Verify is not a mandatory requirement for all employers in Colorado, there are certain circumstances under which it is required. In this article, we will explore the details of E-Verify in Colorado and help you understand whether your business needs to comply with this program.

E-Verify was initially established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It was designed to ensure that employers are hiring individuals who are authorized to work in the United States. While the program is voluntary for most employers, certain industries and government entities are required to use E-Verify.

In Colorado, the state does not have a blanket requirement for all employers to use E-Verify. However, there are specific scenarios where employers must comply with the program. One such scenario is when a government entity or contractor is required to use E-Verify as part of their contract. This means that if your business is working with a government entity that requires E-Verify compliance, you must also comply with the program.

Another situation where E-Verify is required in Colorado is when an employer is subject to a Final Order of Removal from the U.S. Citizenship and Immigration Services (USCIS). If an employer has been issued a Final Order of Removal, they are required to use E-Verify for all new hires and current employees.

Additionally, certain federal contractors and subcontractors are required to use E-Verify as part of their contract. If your business falls under this category, you must comply with the E-Verify requirements.

For employers who are not subject to these specific circumstances, the use of E-Verify in Colorado is optional. However, many employers choose to use the program to ensure compliance with federal immigration laws and to avoid potential fines and penalties associated with hiring unauthorized workers.

It is important for employers in Colorado to understand the requirements and regulations surrounding E-Verify. Failure to comply with the program can result in significant penalties, including fines and the possibility of losing federal contracts. To ensure compliance, employers should:

1. Determine if their business falls under any of the scenarios where E-Verify is required.
2. Register for E-Verify if it is mandatory for their business.
3. Train employees on how to use the E-Verify system.
4. Keep accurate records of their E-Verify verification process.

In conclusion, while Colorado does not require all employers to use E-Verify, there are specific circumstances where compliance is mandatory. Employers should be aware of these requirements and take the necessary steps to ensure they are in compliance with federal immigration laws. By doing so, they can avoid potential penalties and maintain a legal workforce.