E-Verify is not required for most employers in Illinois. State law leaves participation voluntary and, going further, bars state and local governments from forcing private employers to enroll. The one group that must use it is employers covered by a federal mandate, most often federal contractors whose contracts include the E-Verify clause from the Federal Acquisition Regulation. If you enroll voluntarily, Illinois then layers its own attestation, notice, and anti-discrimination duties on top of the federal rules.
When Illinois Employers Must Use E-Verify
The trigger is federal, not state. The E-Verify clause in the Federal Acquisition Regulation must be inserted into all federal solicitations and contracts exceeding $150,000, with narrow exceptions for contracts performed entirely outside the United States, contracts lasting fewer than 120 days, and contracts exclusively for commercially available off-the-shelf items.1eCFR. 48 CFR 22.1803 – Contract Clause
Once the clause applies, the contractor has 30 calendar days from contract award to enroll in E-Verify and must then verify all new hires within three business days of their start date. Employees assigned to the covered contract must be verified within 90 days of enrollment or 30 days of assignment, whichever comes later.2Acquisition.GOV. 52.222-54 Employment Eligibility Verification The requirement flows down to service and construction subcontracts, and subcontracts do not receive the same exemptions that apply to prime contracts.3E-Verify. Exemptions and Exceptions (FINAL)
Outside that federal channel, no Illinois law requires any private employer to use E-Verify. Employers hiring only for state-funded work, local projects, or ordinary private-sector jobs can rely on the Form I-9 process alone.
What Illinois Prohibits
The Right to Privacy in the Workplace Act does more than decline to require E-Verify. It affirmatively states that nothing in the law compels an employer to enroll in any electronic employment verification system beyond what federal law already requires.4Justia Law. Illinois Code 820 ILCS 55 – Right to Privacy in the Workplace Act It also blocks the state and any political subdivision from imposing an E-Verify mandate on employers.5Illinois Department of Labor. Right to Privacy in the Workplace and E-Verify A county or municipality cannot condition a local license or contract on E-Verify enrollment.
What Voluntary Enrollment Obligates You To Do
Signing up is where many Illinois employers underestimate the law. Enrolling in E-Verify pulls you into a set of state duties drawn from the Right to Privacy in the Workplace Act and strengthened by Public Act 103-879, which took effect January 1, 2025.
Attestation and Training
On enrollment, the employer must file a sworn attestation with the Illinois Department of Labor confirming that it has received the E-Verify training materials from the Department of Homeland Security and that every employee who will administer the program has completed the E-Verify computer-based tutorial. The attestation also confirms that the employer has posted the federal E-Verify participation notice and the Department of Justice anti-discrimination notice in a prominent place visible to current and prospective employees.4Justia Law. Illinois Code 820 ILCS 55 – Right to Privacy in the Workplace Act The signed original attestation and all training certificates must be kept on hand and made available for inspection by the Department of Labor.
Prohibited Uses
Illinois bars employers from using E-Verify to check the immigration status of current employees or to pre-screen job applicants who have not yet received an offer.5Illinois Department of Labor. Right to Privacy in the Workplace and E-Verify Running a query before an offer, or re-verifying a current worker outside the narrow circumstances federal law allows, violates the Act whatever the employer’s motive.
Notice Duties Under PA 103-879
The 2025 amendments added specific handling rules for discrepancies. If an employer believes an employee’s verification information is inaccurate, it must give the employee the specific document considered deficient, an explanation of why it appears deficient, instructions on how to correct it, and a statement of the employee’s right to have a representative present at any related meeting. If the employee or a representative asks for the original notice, the employer has seven business days to provide it.6Illinois General Assembly. Public Act 103-0879
A separate duty is triggered by outside I-9 inspections. When an employer receives notice of an I-9 inspection from a federal or state agency, it must notify each affected employee in writing within 72 hours, in English and in any language commonly used in the workplace, and must notify the employee’s authorized representative within the same window. Employers cannot impose verification demands on workers that exceed what federal law requires.6Illinois General Assembly. Public Act 103-0879
No Adverse Action on a No-Match
Illinois also protects workers from premature termination based on agency discrepancy notices. An employer cannot take adverse action against an employee based solely on receiving a discrepancy notice from a federal agency such as the Social Security Administration or the IRS.7Illinois Department of Labor. Right to Privacy in the Workplace Frequently Asked Questions A no-match letter is not proof of unauthorized status, and treating it that way is the type of conduct the Act targets. Federal law adds its own layer through the Department of Justice’s Immigrant and Employee Rights Section, which enforces prohibitions on citizenship status discrimination, discriminatory documentary practices during I-9 completion, and retaliation for asserting verification rights.8Department of Justice. IER Letters of Resolutions FY 2026 Demanding specific documents from a worker based on citizenship or national origin, rather than letting the employee choose from the acceptable list, is among the most common violations.
Penalties If You Get It Wrong
A willful and knowing violation of the employee protection provisions in Section 13 of the Right to Privacy in the Workplace Act carries a civil penalty of $2,000 to $5,000 for a first offense and $5,000 to $10,000 for each subsequent violation, calculated per affected employee. Courts can also award costs, reasonable attorney’s fees, and actual damages on top of the civil penalty.4Justia Law. Illinois Code 820 ILCS 55 – Right to Privacy in the Workplace Act The Act can be enforced by the Illinois Department of Labor, the Attorney General, or aggrieved employees directly.7Illinois Department of Labor. Right to Privacy in the Workplace Frequently Asked Questions
Federal contractors face separate exposure. Failing to comply with the E-Verify contract clause risks contract termination and debarment from future federal contracts.9Acquisition.GOV. Subpart 22.18 – Employment Eligibility Verification An employer who knowingly continues to employ an unauthorized worker faces graduated civil penalties under the Immigration and Nationality Act, starting at up to $2,000 per worker for a first offense based on the statutory amount before inflation adjustment, rising to $2,000 to $5,000 with one prior order and $3,000 to $10,000 per worker for employers with multiple prior orders.10Office of the Law Revision Counsel. 8 USC 1324a Those base figures are adjusted for inflation, so the fines actually assessed run higher.
Recordkeeping If You Enroll
Employers who use E-Verify must record the case verification number on each corresponding Form I-9 or attach a printed copy of the case details page.11E-Verify. E-Verify Records Scheduled for Disposal – Deadline Extended These records should be kept for the same period as the underlying I-9: three years from the date of hire or one year after employment ends, whichever is later. On the Illinois side, keep the signed attestation and every computer-based tutorial completion certificate available for Department of Labor inspection at any reasonable time.4Justia Law. Illinois Code 820 ILCS 55 – Right to Privacy in the Workplace Act