E-Verify Requirements in Arkansas: 2026 Employer Guide

Arkansas requires all public employers and contractors doing business with state or local government to use E-Verify. Private employers are not mandated but may participate voluntarily.

Mandatory — Public Employers & Contractors

Researched by the I9AuditReady Research Team

Last Updated: April 2026

Arkansas E-Verify at a Glance

Requirement Level: Mandatory — Public Employers & Contractors
Applies To: Public employers and state/local government contractors
Employee Threshold: All employers
Key Statute: Ark. Code § 19-11-105
Effective Date: January 1, 2009

Who Must Use E-Verify in Arkansas

Arkansas requires E-Verify for public employers and government contractors.

Arkansas requires all public employers and contractors doing business with state or local government to use E-Verify. Private employers are not mandated but may participate voluntarily.

Key Facts: E-Verify in Arkansas

Arkansas requires all state agencies, boards, commissions, and public contractors to use E-Verify under Ark. Code § 19-11-105.
Arkansas public contractors who fail to certify E-Verify participation may be disqualified from state procurement.
Federal contractors in Arkansas with contracts over $100,000 are separately required to use E-Verify under FAR 22.1803.

Penalties for Non-Compliance in Arkansas

Contractors who fail to comply may be ineligible for state contracts. No direct civil fine schedule for public employer non-compliance under Arkansas law.

Note: Federal I-9 penalties apply in addition to any state E-Verify penalties. Consulting employment counsel is advisable before responding to any state or federal enforcement action.

Exceptions and Exemptions

Private employers not contracting with government
Emergency contracts may have modified requirements

Arkansas E-Verify: Frequently Asked Questions

Does Arkansas require E-Verify for private businesses?

No. Arkansas does not mandate E-Verify for private employers. Only public employers and contractors doing business with state or local government must use E-Verify under Ark. Code § 19-11-105. Private employers may voluntarily enroll.

Do Arkansas government contractors need to use E-Verify?

Yes. Any contractor or subcontractor seeking to do business with Arkansas state or local government must certify E-Verify participation. Failure to comply can result in disqualification from state contracts.

What are the I-9 requirements for Arkansas private employers?

All Arkansas private employers must complete Form I-9 for every new hire under federal law. Section 2 must be completed within 3 business days of the first day of work. Penalties for I-9 violations range from $252 to $2,507 per form for first-time paperwork violations.

When did Arkansas's E-Verify requirement take effect?

Arkansas's public employer E-Verify requirement took effect on January 1, 2009 under Ark. Code § 19-11-105.

Nearby State Requirements

Missouri(Public only)Tennessee(Mandatory)Mississippi(Mandatory)Louisiana(Public only)

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