E-Verify Requirements in California: 2026 Employer Guide

California has no state E-Verify mandate and actually restricts how employers may use E-Verify in some circumstances. California employers must follow state anti-discrimination rules when using the system.

Voluntary — No State Mandate

Researched by the I9AuditReady Research Team

Last Updated: April 2026

California E-Verify at a Glance

Requirement Level: Voluntary — No State Mandate
Applies To: No state mandate — voluntary use with restrictions
Employee Threshold: No state mandate
Key Statute: Cal. Lab. Code § 2814 (restrictions on mandatory E-Verify use)
Effective Date: No mandate in effect

Does California Require E-Verify?

California has no state E-Verify mandate. Employers may participate voluntarily.

Even without a state mandate, all California employers must complete Form I-9 for every new hire under federal law (INA § 274A). Federal contractors with contracts over $100,000 must use E-Verify under FAR 22.1803. Employers may also voluntarily enroll in E-Verify through USCIS at no cost.

Key Facts: E-Verify in California

California is the most populous state with no E-Verify mandate, representing over 19 million workers under voluntary-only verification.
California Labor Code § 2814 prohibits employers from using E-Verify to reverify existing employees unless required by federal law.
California employers who voluntarily use E-Verify cannot use it selectively — applying it to only some new hires violates both state and federal anti-discrimination law.

Exceptions and Exemptions

Federal contractors are still required to use E-Verify under FAR 22.1803 regardless of California law

California E-Verify: Frequently Asked Questions

Does California require E-Verify?

No. California does not require private or public employers to use E-Verify. In fact, California Labor Code § 2814 restricts how employers may use E-Verify — for example, prohibiting its use to reverify current employees outside of federal requirements. Federal I-9 requirements still apply to all California employers.

Can California employers choose to use E-Verify?

California employers may voluntarily enroll in E-Verify, but must use it consistently for all new hires — not selectively by national origin or immigration status. California law also prohibits using E-Verify to check employees hired before the employer enrolled in the system.

What are the I-9 rules for California employers?

California employers must complete Form I-9 for every new hire within 3 business days of their first day. California has additional anti-discrimination protections beyond federal law — employers cannot request specific document types, and DLSE can investigate document abuse complaints.

Are federal contractors in California required to use E-Verify?

Yes. Federal contractors in California with contracts over $100,000 must enroll in and use E-Verify under FAR 22.1803, regardless of California state law restrictions. Federal law preempts state law in this context.

Nearby State Requirements

Oregon(Voluntary)Nevada(Voluntary)Arizona(Mandatory)Washington(Voluntary)

← View all 50 states

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