E-Verify Requirements in Delaware: 2026 Employer Guide

Delaware has no state law mandating E-Verify for private or public employers. Participation is voluntary. All employers are subject to federal I-9 requirements.

Voluntary — No State Mandate

Researched by the I9AuditReady Research Team

Last Updated: April 2026

Delaware E-Verify at a Glance

Requirement Level: Voluntary — No State Mandate
Applies To: No state mandate — voluntary participation only
Employee Threshold: No state mandate
Key Statute: No applicable state statute
Effective Date: No mandate in effect

Does Delaware Require E-Verify?

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

Delaware has no state law mandating E-Verify for private or public employers. Participation is voluntary. All employers are subject to federal I-9 requirements.

Even without a state mandate, all Delaware 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 Delaware

Delaware has no state E-Verify mandate as of 2026.
Federal I-9 audits can occur in Delaware without prior notice. ICE's Homeland Security Investigations unit conducts worksite enforcement nationwide.
Penalties for federal I-9 paperwork violations range from $252 to $2,507 per form for first-time violations under 2026 adjusted rates.

Delaware E-Verify: Frequently Asked Questions

Does Delaware require E-Verify?

No. Delaware does not require any employers to use E-Verify. Participation is voluntary. All Delaware employers must complete Form I-9 for every new hire under federal law.

Do Delaware state agencies use E-Verify?

Delaware state agencies are not mandated by state law to use E-Verify. However, individual agencies may voluntarily use the system, and federal contractors operating in Delaware must use E-Verify per FAR 22.1803.

What are the federal I-9 requirements for Delaware employers?

Delaware employers must complete Section 1 of Form I-9 by the employee's first day and Section 2 within 3 business days. Records must be stored securely and retained for the required period. ICE can audit I-9 records with 3 business days' notice.

Should Delaware small businesses use E-Verify even if not required?

Using E-Verify voluntarily can reduce an employer's risk of unknowingly hiring unauthorized workers, which provides a "good faith" defense in ICE audits. However, voluntary use must be applied consistently to all new hires to avoid discrimination claims.

Nearby State Requirements

Maryland(Voluntary)New Jersey(Voluntary)Pennsylvania(Public only)Virginia(Public only)

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