Business Immigration Insights

Effective January 1, 2025, Illinois employers face updated regulations under Public Act 103-0879, altering the landscape of E-Verify and Form I-9 compliance. This law applies to companies located in Illinois and any employer with employees working in Illinois, regardless of where the company is headquartered. It does not extend to employees working outside of Illinois for an Illinois-based company. The Illinois Department of Labor has clarified that the law does not prohibit private employers from using E-Verify. However, it does reaffirm current federal E-Verify requirements and impose several additional obligations to protect workers and ensure fair practices.

Key Compliance Updates:

Expanded Employee Protections:

• Employers must notify employees when their work eligibility or documentation is questioned.
• Employers are required to inform the entire workforce in case of a federal I-9 audit.

Prohibited Practices:

• E-Verify cannot be used to prescreen applicants.
• Employers cannot act on tentative non-confirmations without following federal procedures.
• Employers must follow specific state and federal guidelines if they receive tentative non-confirmation notifications to ensure fair treatment and due process for all their employees.

State Penalties for Non-Compliance:

• Violations of the law may lead to penalties, emphasizing the importance of strict adherence.

Conclusion:

Contrary to some misconceptions, the law does not prevent private employers from using E-Verify. Rather, it regulates its use to uphold anti-discrimination policies, safeguard worker rights, and protect businesses. A number of the law’s provisions mirror those that have always been part of the E-Verify program, but employers (especially those in Illinois or with employees working in Illinois) should review their practices to ensure compliance with the state and federal requirements.